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
The father’s Application in a Case filed 13 February 2018 is dismissed.
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
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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- AGLC
- Horner & Horner [2018] FamCA 487
- Case
- [2018] FamCA 487
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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