Ireland and Maine

[2010] FamCA 407

FAMILY COURT OF AUSTRALIA

IRELAND & MAINE [2010] FamCA 407

FAMILY LAW – PRACTICE AND PROCEDURE – Case Management Orders

APPLICANT: MR IRELAND

RESPONDENT: MS MAINE

FILE NUMBER: MLC 2283 of 2009

DATE DELIVERED: 10 MAY 2010

PLACE DELIVERED: MELBOURNE

PLACE HEARD: MELBOURNE

JUDGMENT OF: JUSTICE YOUNG

HEARING DATE: 10 MAY 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Elliott

SOLICITOR FOR THE APPLICANT: Gillian Coote Family Law

COUNSEL FOR THE RESPONDENT: Ms Foulkes

SOLICITOR FOR THE RESPONDENT: Kempsons Lawyers

Orders

IT IS ORDERED:

1. THAT the defended hearing date of 12 July 2010, for a five (5) day defended hearing be confirmed.

2. THAT on or before 22 June 2010 the mother make, file and serve the evidence of her psychologist witness, Ms M.

3. THAT on or before 1 July 2010 each of the mother and father make, file and serve their trial affidavit, a statement of financial circumstances and the evidence of the witnesses whom they have identified in this hearing this day.

4. THAT the extempore reasons for judgment be transcribed, be placed upon the Court file and be made available to the parties.

5. THAT the property at H be forthwith placed on the market for sale by auction with W Real Estate being the selling agent (“the Selling Agent”), such auction to be on 26 June 2010.

6. THAT the terms of sale (as to reserve price and settlement terms) are to be agreed between the parties and failing agreement, to be determined by the Selling Agent.

7. THAT the parties do all things and sign all documents required to engage the Selling Agent, including signing any relevant exclusive sale authority.

8. THAT the parties comply with all reasonable directions of the Selling Agent as to preparation of the property for sale subject to either:

   a.one or both parties being in a position to contribute to such costs up front; or

   b.the relevant tradesperson or service provider being prepared to await the completion of the sale before being paid.

9. THAT upon completion of the sale, the proceeds be applied:

   a.first to pay all costs, commissions and expenses of the sale;

   b.second to discharge the mortgage and line of credit to the Commonwealth Bank;

   c.third, to reimburse either party in the event that party has contributed to sale preparation costs pursuant to paragraph 4, or to pay the appropriate unpaid tradesman or service provider; and

   d.the balance to be held in an interest bearing account in the parties’ joint names until further order.

10. THAT each party be at liberty to issue any subpoena, such subpoena to be returnable in the Subpoena List.

11. THAT each party have liberty to apply in respect to the terms and conditions of the sale of the property.

IT IS NOTED that publication of this judgment under the pseudonym Ireland & Maine is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 2283 of 2009

MR IRELAND

Applicant

And

MS MAINE

Respondent

REASONS FOR JUDGMENT

1. The matter of Ireland & Maine is before me at a case mention hearing, to confirm that it is and will be ready to proceed as a defended hearing for up to five days, commencing on 12 July 2010.  Ms Elliott, solicitor, appears for the father today, and Ms Foulkes, solicitor, appears for the mother. 

2. The primary issues in this case are parenting orders, including the intended relocation of the mother and the two children of the marriage to the Gold Coast.  Those children are approximately six and two and a half years of age.  Otherwise, leave has been granted to the parties to have the property application listed before the court.  There recently has been a round table discussion and an agreement has been reached for the sale of the H property, and I will make orders for that sale and consequential orders in respect of the holding of proceeds therefrom pending further order of the court.

3. As to the defended hearing, the father will rely upon evidence from himself, his parents, and perhaps one lay witness.  The mother will rely upon evidence from herself, one of her parents, perhaps a teacher, and a psychologist, Ms M.  I will require the evidence of the professional witness to be filed and served by 22 June of this year.  Otherwise all of the evidence, by way of affidavits of the parties, themselves and their witnesses, are to be filed and served on or prior 1 July 2010, and that includes the preparation of a financial statement for each of them.  There is no known safety plan issue for the court and, if those matters are of concern, they must be raised by solicitors well in advance, and coordinated with the court and with my associate.

4. Mr A, family consultant, has prepared a report and, if he is to be cross-examined, then appropriate arrangements are to be made with him by solicitors, and notice given.  Otherwise I will have these brief management reasons transcribed, placed upon the court file, and made available to all parties.  There is no independent children’s lawyer appointed in this case;  that has not been sought by the parties and the trial will proceed on that consent basis, and without any such appointment.

I I certify that the preceding paragraphs are
a true copy of the reasons for judgment herein
of The Honourable Justice Young

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Associate: