Horner & Horner

Case [2018] FamCA 487


FAMILY COURT OF AUSTRALIA

HORNER & HORNER [2018] FamCA 487
FAMILY LAW – PRACTICE & PROCEDURE – Application by the father for the removal of the Independent Children's Lawyer – Allegations that the Independent Children's Lawyer lacked impartiality, failed to properly fulfil her duties to the Court, failed to properly promote the child’s best interests and has not adhered to appropriate professional standards – Where there is no justification for the Independent Children's Lawyer’s removal – Application dismissed.
Family Law Act 1975 (Cth) ss 68L, 68LA
Dean & Susskind [2012] FamCA 897
Sawyer & Sawyer [2015] FamCA 982
Knibbs &  Knibbs [2009] FamCA 840
Paco & Racina [2014] FamCAFC 195
Leroux & Leroux [2015] FamCA 1128
Lloyd & Lloyd & The Child Representative (2000) FLC 93-045
Minister for Immigration & Jia Legeng (2001) 205 CLR 507
Johnson & Johnson (2000) 201 CLR 488 at 492
Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337
Vale & Vale [2016] FamCA 307
APPLICANT: Mr Horner
RESPONDENT: Ms Horner
INDEPENDENT CHILDREN’S LAWYER: Ms Bassano
FILE NUMBER: CSC 405 of 2016
DATE DELIVERED: 29 June 2018
PLACE DELIVERED: Cairns
PLACE HEARD: Cairns by Video to Townsville and Brisbane
JUDGMENT OF: Tree J
HEARING DATE: 12 March 2018

REPRESENTATION

THE APPLICANT: In person
THE RESPONDENT: In person

COUNSEL FOR THE INDEPENDENT

CHILDREN'S LAWYER :

Ms McMillan QC
SOLICITORS FOR THE INDEPENDENT CHILDREN'S LAWYER: Bassano Law

Orders

  1. The father’s Application in a Case filed 13 February 2018 is dismissed.

  2. That all outstanding applications be listed for mention only at 2:15pm on Monday 30 July 2018 by Global Meet telephone conference.      

NOTATION:

A.To enter the conference, please dial:

…

Then, when prompted, dial the passcode:

…

Please dial in five minutes prior to the hearing and wait quietly until the Court Officer calls on your matter.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Horner & Horner has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CAIRNS VIA VIDEO LINK TO TOWNSVILLE AND BRISBANE

FILE NUMBER: CSC33/2016

Mr Horner

Applicant

And

Ms Horner

Respondent

REASONS FOR JUDGMENT

INTRODUCTION  

  1. On 21 September 2017, I made interim orders consequent upon a trial in relation to the only child born to the parties’ relationship, being B born in 2014 (“the child”).  Under those orders, Ms Horner (“the mother”) was to have sole parental responsibility for the child, who although he would live with her, would spend progressively increasing amounts of time with Mr Horner (“the father”) extending to overnight time from no…

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Details
AGLC
Horner & Horner [2018] FamCA 487
Case
[2018] FamCA 487
Decision Date

CaseChat Overview and Summary

In the matter of *Horner & Horner*, heard by Tree J, the father sought orders in an application filed on 13 February 2018. The specific nature of the dispute between the parties is not detailed in the provided text, beyond the father's application.

The central legal issue before the Court was the determination of the father's application filed on 13 February 2018. The Court was required to decide whether to grant the orders sought by the father in that application.

Tree J dismissed the father's application. The Court further ordered that all other outstanding applications in the matter be listed for mention only on Monday, 30 July 2018, at 2:15 pm, to be conducted via Global Meet telephone conference.

Orders

Orders of the court

1.

The father’s Application in a Case filed 13 February 2018 is dismissed.

2.

That all outstanding applications be listed for mention only at 2:15pm on Monday 30 July 2018 by Global Meet telephone conference.

NOTATION:

A. To enter the conference, please dial:

…

Then, when prompted, dial the passcode:

…

Please dial in five minutes prior to the hearing and wait quietly until the Court Officer calls on your matter.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.