FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Humphrey & Humphrey (No 4) [2024] FedCFamC1F 845
File number(s): BRC 4211 of 2019 Judgment of: HOWARD J Date of judgment: 26 November 2024 Catchwords: FAMILY LAW – CONTRAVENTION – personal service – overarching purpose of the rules – power to dispense with the rules Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 Cases: Doyle v Commonwealth (1985) 156 CLR 510 Division: Division 1 First Instance Number of paragraphs: 8 Date of hearing: 26 November 2024 Place: Brisbane Counsel for the applicant: Mr Matthews of Kings Counsel Solicitor for the applicant: Evans Brandon Family Lawyers Counsel for the respondent: Mr Christie Solicitor for the respondent: Murdoch Lawyers ORDERS
BRC 4211 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS HUMPHREY
ApplicantAND: MR HUMPHREY
Respondent
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
26 NOVEMBER 2024
THE COURT ORDERS UNTIL FURTHER ORDER:
1.That the Final Contravention Hearing be adjourned to a Case Management Hearing at 10.00am on 5 December 2024 with the parties and their representatives having leave to appear by telephone.
Subpoena Orders
2.That the parties have leave (and the Court make the necessary arrangements for the parties to be able) to rely upon and to seek to tender documents produced under Subpoena within the concurrent parenting proceedings between Mr Humphrey (the Father) and Ms Humphrey (the Mother) under BRC1951/2024 at the Final Contravention Hearing listed before the Honourable Justice Howard (under BRC4211/2019).
3.That the Court make the necessary arrangements to facilitate the playing of CCTV footage produced under subpoena at the Final Contravention Hearing.
4.That the parties’ legal representatives have leave to inspect and copy the documents produced in response to Subpoena No. 7 under BRC1951/1024 (being the Subpoena to Department of Child Safety, Seniors and Disability Services dated 15 October 2024).
5.That the parties be and are hereby restrained from using, or disseminating the documents produced under the subpoenas in any way other than the purpose outlined in the preceding Order.
Transcript
6.That the Mother have leave to provide a hard copy of the Transcript of the Interim Hearing before the Honourable Justice Jarrett on 25 July 2024 under BRC4211/2019 to the Father and his legal representatives.
Costs
7.That each parties’ costs be reserved.
THE COURT NOTES:
A.That the Court is considering listing the Final Contravention Hearing for 3 days commencing Tuesday 10 December 2024.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an…
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- AGLC
- Humphrey & Humphrey (No 4) [2024] FedCFamC1F 845
- Case
- [2024] FedCFamC1F 845
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the proper service of documents, the admissibility of evidence obtained under subpoena in concurrent parenting proceedings, and the appropriate use of CCTV footage in the final contravention hearing. The court had to determine whether the evidence should be admissible and how it should be presented, while also considering the overarching purpose of the family law rules and the need to ensure fair and just proceedings.
In addressing these issues, the court found that the parties should be permitted to rely on and use documents produced under subpoena in the concurrent parenting proceedings. The court also decided that the parties should be allowed to tender CCTV footage and that the legal representatives should have access to inspect and copy specific documents. The court emphasised the importance of adhering to the purpose of the rules and the need to avoid unnecessary duplication of proceedings. The court adjourned the final contravention hearing to allow for a case management hearing and made several orders to facilitate the use of evidence in the final hearing.
The court made specific orders regarding the use of documents and evidence in the final contravention hearing, including allowing the parties to use documents produced in concurrent proceedings and making arrangements for the presentation of CCTV footage. The court also restrained the parties from using the documents for any purpose other than the final hearing. The court reserved costs for both parties.
Orders
Orders of the court
BRC 4211 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS HUMPHREY
Applicant
AND:
MR HUMPHREY
Respondent
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
26 NOVEMBER 2024
THE COURT ORDERS UNTIL FURTHER ORDER:
1. That the Final Contravention Hearing be adjourned to a Case Management Hearing at 10.00am on 5 December 2024 with the parties and their representatives having leave to appear by telephone.
Subpoena Orders
2. That the parties have leave (and the Court make the necessary arrangements for the parties to be able) to rely upon and to seek to tender documents produced under Subpoena within the concurrent parenting proceedings between Mr Humphrey (the Father) and Ms Humphrey (the Mother) under BRC1951/2024 at the Final Contravention Hearing listed before the Honourable Justice Howard (under BRC4211/2019).
3. That the Court make the necessary arrangements to facilitate the playing of CCTV footage produced under subpoena at the Final Contravention Hearing.
4. That the parties’ legal representatives have leave to inspect and copy the documents produced in response to Subpoena No. 7 under BRC1951/1024 (being the Subpoena to Department of Child Safety, Seniors and Disability Services dated 15 October 2024).
5. That the parties be and are hereby restrained from using, or disseminating the documents produced under the subpoenas in any way other than the purpose outlined in the preceding Order.
Transcript
6. That the Mother have leave to provide a hard copy of the Transcript of the Interim Hearing before the Honourable Justice Jarrett on 25 July 2024 under BRC4211/2019 to the Father and his legal representatives.
Costs
7. That each parties’ costs be reserved.
THE COURT NOTES:
A. That the Court is considering listing the Final Contravention Hearing for 3 days commencing Tuesday 10 December 2024.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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