Heath & Pascall (No 4)

Case [2021] FCCA 1494

FEDERAL CIRCUIT COURT OF AUSTRALIA

Heath & Pascall (No 4) [2021] FCCA 1494

File number(s): BRC 8029 of 2018
Judgment of: JUDGE MONAHAN
Date of judgment: 7 July 2021
Catchwords:

FAMILY LAW – parenting – final hearing – three year old child – parental responsibility – whether child should transition to live in an equal time arrangement or live primarily with one parent – changeover – consideration of expert report and updated family report recommendations – allegations of family violence – best interests of the child

FAMILY LAW – parenting – interim application – application for the removal of the Independent Children’s Lawyer by the mother – application dismissed – costs awarded to Independent Children’s Lawyer

Legislation:

Family Law Act 1975 (Cth), ss 4, 60CA, 60CC, 61B, 61C, 61DA, 64B, 65D, 65DAA, 68L, 68LA, 117, 102NA

Evidence Act 1995 (Cth), s 128

Federal Circuit Court Rules 2011 (Cth), r 21.02
Cases cited: Heath & Pascall [2019] FCCA 2896
Heath & Pascall (No.2) [2019] FCCA 3898
Heath & Pascall (No.3) [2020] FCCA 3050
In the Marriage of Hall (1979) 5 Fam LR 609
Leroux & Leroux and Ors [2015] FamCA 1128
Legal Aid ACT & Williams [2021] FamCAFC 50
Lindell & Ranteri [2010] FamCA 52
McCall & Clark [2009] FamCAFC 92
Newlands & Newlands [2007] FamCA 168
Number of paragraphs: 258
Date of last submission/s: 6 November 2020
Date of hearing: 2, 3, 4 and 5 December 2019 and 4, 5 and 6 November 2020
Place: Brisbane
Counsel for the Applicant: Ms Frizelle
Counsel for the Respondent: Mr George (December 2019) and
Mr Larson (November 2020)
Counsel for the Independent Children's Lawyer: Mr Waterman

ORDERS

BRC 8029 of 2018
BETWEEN:

MR HEATH

Applicant
AND:

MS PASCALL

Respondent

ORDER MADE BY:

JUDGE MONAHAN

DATE OF ORDER:

7 JULY 2021

THE COURT ORDERS ON A FINAL BASIS THAT:

1.All previous orders and undertakings provided in these proceedings be discharged.  

2.X born in 2018 (“the child”) live with the mother except for the times specified herein when the child will live with the father and spend time with each party.

3.The mother and father have day-to-day responsibility for the care of the child whilst the child is in their respective care.

4.Subject to paragraph 5 herein, the mother and father have equal shared parental responsibility for the child.

5.The father have sole parental responsibility for decisions regarding the child’s health and education and prior to making the final decision he do the following:

a.advise the mother in writing of the decision intended to be made by him;

b.seek the written response of the mother within 14 days of the date of the father’s written notice;

c.consider by reference to the best interests of the child, any such response from the mother prior to making his decision;

d.advise the mother in writing as soon as reasonably practicable of his final decision; and

e.the above provisions will apply except for any medical emergencies pertaining to the child, and in those circumstances, the father will use…

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Heath and Pascall (No 4) [2021] FCCA 1494
Case
[2021] FCCA 1494
Decision Date

CaseChat Overview and Summary

In *Heath & Pascall (No 4)*, Monahan J of the Federal Circuit and Family Court of Australia made final orders concerning the parenting arrangements for a child, X, born in 2018. The dispute involved Mr Heath (the applicant father) and Ms Pascall (the respondent mother), who had separated in May 2018. The proceedings concerned the primary residence of the child, parental responsibility, time spent with each parent, and various ancillary matters including communication, travel, and relocation.

The court was required to determine several key issues, including whether the parties should have equal shared parental responsibility, or if sole parental responsibility should be allocated to one parent. It also needed to decide on the primary residence of the child, the arrangements for the child spending time with and communicating with the non-resident parent, and the locations for changeovers. Further issues included whether specific restraints or conditions should be imposed on the parties' parenting, and the conditions under which the child could travel internationally, including who should hold the child's passport. The court also considered relocation arrangements for the mother and child and the father's residence.

Monahan J applied principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child. The court's reasoning led to orders that X would live with the mother, with specified times for living with and spending time with the father. The parties were to have day-to-day care of X when X was in their respective care. Equal shared parental responsibility was ordered for most decisions, with the father having sole responsibility for health and education decisions, subject to a detailed process of consultation with the mother. The orders also stipulated specific arrangements for X to spend time with the father, including detailed schedules for weekdays, weekends, school holidays, and Christmas, which were to evolve over time.

The final orders also included provisions for communication between the parents and with the child, including the use of an electronic communications book and telephone/FaceTime contact. Injunctions were imposed restraining the parties from approaching within 100 metres of each other, except in specific circumstances. The mother was ordered to relocate within a 30km radius of the father's residence, and the father was restrained from relocating from his current suburb. The court also made orders regarding the child's passport, international travel, name, and enrolment in extracurricular activities, and provided specific directions for communication regarding the child's health and education. The Independent Children's Lawyer's appointment was discharged, and extant applications were dismissed, subject to any applications for costs.

Orders

Orders of the court

BRC 8029 of 2018

BETWEEN:

MR HEATH

Applicant

AND:

MS PASCALL

Respondent

ORDER MADE BY:

JUDGE MONAHAN

DATE OF ORDER:

7 JULY 2021

THE COURT ORDERS ON A FINAL BASIS THAT:

1. All previous orders and undertakings provided in these proceedings be discharged.

2. X born in 2018 (“the child”) live with the mother except for the times specified herein when the child will live with the father and spend time with each party.

3. The mother and father have day-to-day responsibility for the care of the child whilst the child is in their respective care.

4. Subject to paragraph 5 herein, the mother and father have equal shared parental responsibility for the child.

5. The father have sole parental responsibility for decisions regarding the child’s health and education and prior to making the final decision he do the following:

a. advise the mother in writing of the decision intended to be made by him;

b. seek the written response of the mother within 14 days of the date of the father’s written notice;

c. consider by reference to the best interests of the child, any such response from the mother prior to making his decision;

d. advise the mother in writing as soon as reasonably practicable of his final decision; and

e. the above provisions will apply except for any medical emergencies pertaining to the child, and in those circumstances, the father will use his best endeavours to consult with the mother about any intended urgent medical decision to be made subject to the medical advice of the child’s treating medical practitioners, including any medical specialists, and if the parties are unable to come to agreement on the decision to be made, the father will make the final decision and inform the mother of his decision.

6. Subject to paragraph 2 herein, the child live with the father at all reasonable times as may be agreed between the parties in writing, and failing agreement as follows:

a. Commencing with immediate effect and until the commencement of paragraph 6(b) herein, in a two week cycle as follows:

i. In Week 1 (commencing 8 July 2021) from Thursday after day care/pre-school or 3.00pm on a non-day care/preschool day to Saturday at 9.00am; and

ii. In Week 2 (commencing 16 July 2021) from Friday at 5.00pm or after day care/preschool (if applicable) to Monday before day care/pre-school or 9.00am on non-day care/preschool days;

b. Commencing on 9 March 2022 and until the commencement of paragraph 6(c):

i. During school terms (and commencing in the first week of each school term) from Wednesday after school/pre-school (or 5.00pm on a non-school/pre-school day) to the following Monday before school/pre-school (or 9.00am on a non-school/pre-school day) and each alternate week thereafter; and

ii. During Term 1, 2 and 3 school holidays for a seven (7) day period as agreed in writing and failing agreement in the first week commencing in the last week of school term from Friday after school/preschool (or 5.00pm on a non-school/pre-school day) to the following Friday at 5.00pm or before preschool (if applicable); and

iii. During the Term 4 long school holidays (and subject to paragraph 7) herein), each alternate week commencing in the last week of school term from Friday after school/preschool (or 5.00pm on a non-school/pre-school day) to the following Friday at 5.00pm or before preschool (if applicable) and, in the event that the child is in the father’s care in the final week of the holiday period, that time conclude at 5.00pm on the Sunday before school recommences;

c. Commencing on 26 January 2024 and thereafter:

i. During school terms and the Term 1, 2 and 3 school holidays from Friday after school (or 5.00pm on a non-school day) to the following Friday before school (or 5.00pm on a non-school day) and each alternate week thereafter; and

ii. During the Term 4 long school holidays (and subject to paragraph 7), for one half of each holiday period as agreed in writing and failing agreement as follows:

A. In the second half in the holiday periods commencing in even numbered years from the mid-point of the relevant holiday period at 5.00pm until the Sunday before the commencement of the next school term at 5.00pm;

B. In the first half in the holiday periods commencing in odd numbered years and each alternate year thereafter from after school on the last day of Term 4 until the mid-point of the relevant holiday period at 5.00pm; and

C. In the event that a holiday period has two mid-points, the time will commence or end (as applicable) on the second mid-point date.

7. Notwithstanding any Order to the contrary, the child spend time or communicate with each parent as agreed between the parents in writing and failing agreement as follows:

a. On the child’s birthday, the parent who does not have the child in their care at that time, be permitted to telephone/Facetime the child at 5.00pm and the parent with care of the child on that day is to ensure the child is available to receive the call;

b. On the Mother’s Day weekend, in the event that the child is not otherwise in the care of the mother on that weekend, then the child spend time with the mother from 5.00pm Saturday until 5.00pm Sunday;

c. On the Father’s Day weekend, in the event that the child is not otherwise in the care of the father on that weekend, then the child spend time with the father from 5.00pm Saturday until 5.00pm Sunday;

d. Commencing with immediate effect and until the commencement of paragraph 7(f) herein:

i. the father be permitted to telephone/FaceTime the child each Wednesday not earlier than 6.00pm and not later than 7.00pm for an age appropriate length of time and the mother is to ensure the child is available to receive the call; and

ii. the mother be permitted to telephone/FaceTime the child each Friday not earlier than 6.00pm and not later than 7.00pm for an age appropriate length of time and the father is to ensure the child is available to receive the call.

f. Commencing from 9 March 2022 and thereafter, during all school terms and all school holiday periods, the parent with whom the child is not living or spending time with have telephone/FaceTime contact with the child each Monday and Thursday not earlier than 6.00pm and not later than 7.00pm for an age appropriate length of time.

g. During the Christmas period (24 to 26 December each year) the child:

i. Spend time with the mother from 9.00am 24 December 2021 to 5.00pm 26 December 2021;

ii. Spend time with the father from 9.00am 24 December 2022 to 5.00pm 26 December 2022;

iii. Spend time with the mother from 9.00am 24 December 2023 to 5.00pm 26 December 2023; and

iv. Thereafter the child spend the Christmas period with the parent that she is living with pursuant to these Orders; and

v. The parent with whom the child is not spending time during the Christmas period have telephone/FaceTime contact with the child on 25 December of the relevant year not earlier than 10.00am and not later 11.00am for an age appropriate length of time.

8. Unless otherwise agreed in writing or as specified herein, all changeovers of the child between the parties not occurring at day care/pre-school/school occur at the G Contact Centre (herein after referred to as the “contact centre”), with each party to register with the contact centre for intake within 48 hours of the date of these Orders (if not already registered), and each party to be responsible for their own intake application costs (if applicable) and the parties be equally responsible for the costs associated with changeovers at the contact centre.

9. For the purposes of paragraph 8 herein, if changeover at the child’s day care centre/pre-school/school (as the case may be) is not possible due to closure, then unless the parties otherwise agree in writing, the changeover of the child between the parties occur at the contact centre.

10. Each party keep the other party informed at all times, of their residential address, their email address and the mobile phone number and to notify the other party in writing, within 24 hours of any change to those details.

11. The parties communicate with each other about all aspects of parenting utilising an electronic communications book and each be responsible for their own application/administration fee associated with the use of such a website and they share equally in the ongoing costs associated with the continued use of such electronic communications book.

12. The parties be restrained by injunction from approaching within 100m of the other party at their home or place of work, unless otherwise invited in writing to approach. This injunction will not apply to instances where the parties are otherwise effecting changeover of the child between them or attending any day care/pre-school/school activity or function or activity, or any extra-curricular/sport activity, which parents are invited to.

13. Unless otherwise agreed in writing:

a. The father be restrained from relocating his residence from the Brisbane suburb of Suburb Z until the child turns 18 years of age, or completes her Year 12 high school studies, whichever occurs first; and

b. By no later than 7 January 2022 the mother relocate herself with the child to live within a 30km radius of the father’s residence in the Brisbane suburb of Suburb Z and the mother thereafter maintain a residence for herself or the child that is within a 30km radius of the father’s residence in the Brisbane suburb of Suburb Z, until the child turns 18 years of age, or completes her Year 12 high school studies, whichever occurs first.

14. Each party be granted authority to obtain at their request and cost from the child’s day care/pre-school/school, any information pertaining to the child’s educational development and progress and to obtain copies of any school reports, school newsletters, guidance officer reports and school photographs.

15. These Orders be sufficient authority for the child’s day care centre/pre-school/school/medical practitioners/allied health carers to note all their records, of the father as an emergency contact and next of kin for the child, in addition to the mother.

16. Each party is permitted to attend at the child’s day care centre/pre-school/school from time to time for any events to which parents are invited by the school to attend, such as parent/teacher interviews, school sports days, cultural days, concerts.

17. Once the child commences Prep at primary school, the parties are not to enrol the child in more than two extra-curricular activities/sports per term, with any enrolment in such activity/sport to be done after consultation with each other and if the parties are unable to agree, the provisions set out in paragraph 5 herein will apply. Furthermore, once the child is enrolled in any such activity/sport, both parties ensure the child attends and fully participates in the extra-curricular activity.

18. The child is permitted to have an Australian Passport and both parties are to sign for and renew the child’s passport when appropriate.

19. Any Australian Passport of the child is to be held by the father in odd numbered years and with the mother in even numbered years provided that the parties deliver the passport to the other upon request and thereafter return it following the conclusion of travel.

20. Pursuant to section 65Y of the Family Law Act 1975 (Cth) the mother and father each be at liberty to travel overseas with the child during their time with the child as provided for in these Orders, and shall not travel with the child to countries where the DFAT travel warning is ‘level 3’ or above.

21. For the purposes of paragraph 20 herein:

a. The party proposing to take the child overseas shall give the other party at least two (2) calendar months prior written notice of the proposed trip overseas including:

i. The proposed departure and return dates;

ii. Full details of who is travelling with the child including the full names and relationship to the child/and or parent;

iii. Flight details (including names of airlines and flight numbers) and, if applicable, cruise ship details (including full details of the cruise liner);

iv. Full travel itinerary of all locations where the child is visiting, including arrival and departure dates for each city visited and all details of where the child will be staying overnight (including full addresses); and

v. Full details of the means of contacting the child and parent while travelling overseas including landline and mobile phone numbers;

b. The travelling party provide to the other party with a copy of the airline return tickets (or cruise ticket if applicable) no less than 14 days before the proposed departure date; and

c. During all travel, the travelling party cause the child to telephone/FaceTime the other party at least once per week.

22. The child be known at all times and enrolled at day care/pre-school/school as X, and the parties be restrained by injunction from changing the child’s name.

23. Each party keep the other party informed as soon as reasonably practicable of the child being unwell and of any attendance for medical consultation with a doctor. If there is any medical emergency involving the child, the party with care of the child at the relevant time immediately notify the other party by SMS TEXT and the receiving party immediately upon receiving the SMS TEXT, reply to confirm receipt of the message.

24. In relation to paragraph 23 herein, the party sending the notification of the emergency ensure that the message includes information such as:

a. Nature of the illness/injury/condition of the child;

b. What hospital/medical centre the child is at including full address and contact details;

c. Name/s of medical practitioner/s; and

d. Diagnosis/recommendation of the relevant medical practitioner (if any).

25. Neither party denigrate or say negative things about the other party or members of the other party’s family or household, to the child or within the hearing of the child and each party use their best endeavours to ensure that no member of their family/household denigrates or says negative things about the other parent to the child or within the hearing of the child.

26. Each parent is restrained from discussing the Court proceedings with the child or in the hearing of presence of the child or allowing any other person to do so.

27. Unless otherwise agreed in writing, the parties communicate with each other in writing in 2021 regarding the proposals for the child’s primary school enrolment as follows:

a. The mother write to the father by 1 August 2021 setting out the names of three schools she proposes as suitable for the child to attend from Prep;

b. The father consider the mother’s proposal and reply by 1 September 2021 choosing one of the proposed schools for X, or if he does not agree with any of the proposed schools, he set out in writing to the mother his reasons why and provide to the mother his proposed list of three schools;

c. The mother upon receipt of the father’s reply referred to in paragraph 27(b) herein, if other schools are nominated, she then choose one of the schools nominated and notify the father by written reply, by 1 October 2021.

d. If the mother fails to select a school or fails to reply by 1 October 2021, the father make the final decision for the child’s education and arrange the enrolment, keeping the mother notified in writing once the enrolment is made.

28. For the child’s high school enrolment, the parties use the same method as outlined in paragraph 27 herein save that the discussion between the parties occur by the time the child is in year 5:

a. 1 July of the relevant year.

b. 1 August of the relevant year.

c. 1 September of the relevant year.

29. In relation to paragraph 13 herein and subject to paragraph 5 herein, upon the mother’s relocation, the parties discuss new day care arrangements for the child to attend.

30. With respect to the child’s health matters, the mother and the father each nominate a medical centre for X to attend for all medical consultations and notify the other party of the name and address of the medical centre and each party endeavour to take X to the same medical centre for consultations and review, except in cases of a medical emergency in which case each party take X for medical attention at the nearest medical centre/hospital as the case may be and that party IMMEDIATELY notify the other party of the medical emergency by SMS text messaging, including providing the name and address for the medical centre/hospital, the nature of the medical emergency and any recommendations made by the treating medical practitioner.

31. Each party ensure that any medication that is prescribed for the child by the child’s medical practitioner, is provided to the child in accordance with the medical directions indicated on the prescription and the medication shall travel with the child at all changeovers.

32. The mother continue to seek and attend psychotherapy with Dr F, Clinical Psychologist or if she is not available, another clinical psychologist referred by her general medical practitioner, for two years from the date of these Orders, or such longer period as recommended by the treating clinical psychologist, and if the mother changes psychologists from Dr F to another such expert, she provide written notice of this to the father through the electronic communications book within 24 hours of such change and also provide to the father, the name and contact details of her new treating clinical psychologist, in addition to advising the father as to any cessation of her psychotherapy.

33. The ICL be granted leave to provide the mother’s general medical practitioner at Suburb AA Medical Centre and Dr F a copy of:

a. The Affidavits of Dr B annexing his psychiatric assessments filed on 15 May 2019 and on 27 March 2020;

b. The Family Report of Ms BB dated 6 May 2020; and

c. A sealed copy of these final Orders and written reasons for judgment.

AND THE COURT FURTHER ORDERS THAT:

34. In the event that:

a. either the father or the mother seeks to press an application for costs in these proceedings, they are to make, file and serve an Application in a Case within 28 days of the date of these Orders; and

b. should the Independent Children’s Lawyer seek to press an application for costs in these proceedings, she have liberty to apply within 28 days of the date of these Orders.

35. Subject to paragraph 34(b) herein, the appointment of the Independent Children’s Lawyer be discharged.

36. Subject to paragraph 34 herein, all extant applications be otherwise dismissed.

THE COURT NOTES THAT:

A. These Orders incorporate the agreed issues Minute with certain amendments presented to the Court on the last day of the final hearing.

B. Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and those particulars are included in these Orders.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Unless otherwise stated, any statutory references in these reasons will be to the Family Law Act 1975 (“the Act”). BACKGROUND The father was born in 1984 and he is currently 37 years of age. The mother was born in 1984 and she is currently 36 years of age. The mother asserts that the parties started living together in approximately 2015 after meeting online several weeks prior, whilst the father asserts that they started living together in approximately 2016 after the father purchased his home in the Brisbane suburb of Suburb Z. X was born in 2018 and is currently 3 years of age. The parties separated on a final basis in May 2018. Since separation, the mother has made family violence allegations against the father. The mother filed an Application for a Protection Order in the Brisbane Magistrates Court where the father was named as the Respondent on 24 May 2018. The Temporary Protection Order (“TPO”) was served upon the father and prevented him from making contact with or being within 100 metres of the mother and the child. The matter was made returnable at the Brisbane Magistrates Court on 14 June 2018 where the father formally opposed the application and judgment was reserved. On the 9 November 2018 reasons for judgment were delivered which dismissed the mother’s Application for a Protection Order. The mother filed a Notice of Appeal and Application for a Stay Order, which was also subsequently dismissed by Judge CC in the Brisbane District Court on 23 November 2018. A second Application for a Stay Order was filed by the mother on 6 December 2018 and was again dismissed on 13 December 2018. On this occasion Judge DD made additional orders for the mother to pay the father’s costs fixed in the amount of $1,650 and restrained the mother from making any further application without leave of the Court. The father commenced these family law proceedings by way of Initiating Application filed on 18 July 2018. The father was initially only seeking interim orders, but later filed an Amended Initiating Application on 11 November 2019 seeking final parenting orders. The mother filed her Response on 22 August 2018, which was later amended on 7 December 2018 and again on 27 November 2019. The matter first came before Judge Spelleken in the Brisbane Registry of this Court on 29 August 2018 and the parties were able to consent to certain interim parenting orders relating to the child spending supervised time with the father and an order consenting to equal shared parental responsibility on major long term decisions. An order for the appointment of an ICL was also made. The matter returned for mention before Judge Spelleken on 11 December 2018 and orders were made by consent for the child’s supervised time with the father to resume. Orders for the parties to participate in Family Report interviews as commissioned by the ICL were also made. The matter came before the Court for mention on several occasions being 19 March 2019 and 16 April 2019 on issues relating to notice of objections to subpoena by the mother and related parenting issues.

Evidence

Evidence Before The Court

The following issues arise for determination in this case: ·whether the parties should have equal shared parental responsibility for the child, and if not, whether one party should be allocated sole parental responsibility;·whether there should be a transition to an equal time arrangement:oand if so, whether either party should be ordered to live within a specified distance of the other party’s residence or the child’s school; oand if not, which party the child should primarily live with;·if the child is primarily residing with one party, the frequency and circumstances of the child spending time with, and communicating with, the other party;·the changeover locations;·whether certain restraints or conditions should be imposed on the parties in relation to their parenting of X; ·whether X should be permitted to travel internationally with either party, and if so, the conditions that should be imposed for that travel to occur and which parent should hold X’s passport.EVIDENCE Both parties provided the Court with affidavit and oral evidence and were cross-examined. In addition, the following also provided oral evidence and were cross-examined: ·the Family Consultants, Ms D (December 2019) and Ms BB (November 2020); ·Single Expert, Dr B; ·the father’s mother, Ms E; and·the father’s sister, Ms FF. Father The father relied on the following documents at the final hearing:·His Amended Initiating Application filed on 11 November 2019; ·His Affidavit sworn on 1 October 2018 and filed on 8 October 2018; ·His Affidavit sworn and filed on 21 October 2019; ·Affidavit of Ms E affirmed on 19 October 2019 and filed on 21 October 2019; and ·Affidavit of Ms FF affirmed on 20 October 2019 and filed on 21 October 2019. The father also tendered the following documents: ·Correspondence with respect to the reconsideration for military compensation claim dated 17 August 2016 (Exhibit “AF1”); ·Mother’s primary claim document to the Department of Veterans Affairs dated 4 November 2016 (Exhibit “AF2”); ·Notes from Suburb KK Medical Centre relevant to Dr LL on or about February 2017 (Exhibit “AF3”); ·Document from Dr MM dated 24 March 2017 (Exhibit “AF4”); ·A copy of the mother’s letter in support of her claim to the Department of Veterans Affairs dated 7 June 2017 (Exhibit “AF5”); ·A copy of the document titled ‘Annual Review of Circumstances’ dated 9 August 2017 (Exhibit “AF6”); ·A copy of an email sent by the mother to the ICL dated 1 May 2019 (Exhibit “AF7”); ·A copy of text message exchange between the maternal aunt and the father (Exhibit “AF8”); ·A copy of the extracts of the relevant AAT decision involving the mother (Exhibit “AF9”); and ·Joint tender bundle between the father and the ICL (Exhibit “AF10”). The father was overall a well-spoken witness. He made reasonable concessions to some of counsel’s questions, however at times his answers presented as somewhat fixed. The paternal grandmother, Ms E, was only required for limited cross-examination and presented as a forthright witness. At times she failed to answer some questions in full, however provided a more complete answer when further prompted by counsel.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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