JASON & JASON

[2015] FamCA 729

FAMILY COURT OF AUSTRALIA

JASON & JASON [2015] FamCA 729

FAMILY LAW – CHILDREN – Interim Parenting – Orders made to regularise the children's current arrangements pending final hearing – Trial directions made

APPLICANT: Mr Jason

RESPONDENT: Ms Jason

INDEPENDENT CHILDREN’S LAWYER: Ms Robertson

FILE NUMBER: PAC 2530 of 2013

DATE DELIVERED: 11 August 2015

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 11 August 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Maddox

SOLICITOR FOR THE APPLICANT: Low Doherty & Stratford

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: In person

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Robertson Solicitors

Orders

1. Pending further order, Orders are made in accordance with paragraphs 1 to 10 of the document prepared by the Independent Children’s Lawyer marked Exhibit “A”, as follows:

   1.That the children B born … 2010 and C born on … 2011 (hereinafter referred to as “the children”) live with their father.

   2.That the mother and father each have equal shared parental responsibility for the said children.

   3.That the children spend time with and communicate with their mother as agreed and failing such agreement as follows:

   4.That B born on … 2010 and C born on … 2011 (hereinafter referred to as “the children”) spend time with and communicate with their mother as agreed and failing such agreement as follows:

   1.1Each Saturday from 12.00 noon until 5.00pm.

   1.2Liberal and frequent telephone contact.

   5.The father shall deliver the children to the mother at the commencement of time and collect the children from the mother’s home at the completion of such time.

   6.The parties are restrained from criticising or denigrating any of the other parties in the hearing or presence of the children.

   7.That the mother and the father do all things necessary to authorise the children’s school to provide to the other parent on a regular basis copies of all school reports, school newsletters and other information regarding the children’s school activities.

   8.The parties shall keep each other advised of any change in their residential address and contact telephone number within 24 hours of such change occurring.

   9.The parties shall forthwith advise the other party of any presentation of the child for urgent medical attention.

   10.The parties shall keep a communication book either in hard copy or by email and advise as to the childcare events, children’s health and medical needs and other related matters as they pertain to the children.

2. Leave is granted to the parties to approach the List Clerk for the allocation of trial dates when appropriate and this is estimated to be a three day matter.

3. Both parties are to file and serve any amended Application or Response upon which they intend to rely by no later than 28 days before the commencement of the trial.

4. Each party is to file and serve one consolidated affidavit of their evidence in chief and one affidavit from each of the witnesses upon which they rely in support of the orders sought by them with such affidavits to be in compliance with Rule 15.12 of the Family Law Rules 2004, by no later than 28 days before the commencement of the trial.

5. Neither party may rely on any documents filed other than in compliance with these orders without leave of the Court and in the event of non-compliance with these filing directions the Court will at its discretion either vacate the trial dates or list other matters with priority.

6. Each party is at liberty to issue such subpoena as they consider relevant to the issues in these proceedings and such subpoena shall be made returnable no later than 14 days before the commencement of the trial and are to be inspected prior to first day of hearing.

7. The Independent Children’s Lawyer have liberty to re-list the proceedings for mention before a Registrar in the event of issues arising in relation to preparation for trial.

1. As the parties have indicated they wish to cross-examine the Family Report writer at the final hearing, the Independent Children’s Lawyer shall provide written confirmation to the Family Report writer within 14 days from the date of allocation of trial dates of his requirement to be in attendance for cross-examination.

2. The Independent Children’s Lawyer provide to the Family Report writer each of the parties’ affidavits filed for the purposes of hearing and any witnesses affidavits to be relied upon at trial no later than 7 days before the commencement of trial.

3. The Applicant is to provide to the Respondent not less than 28 days before the commencement of the trial a draft Chronology setting out the Applicant’s contentions as to relevant dates and matters and the Respondent within a further 14 days insert into that Chronology the Respondent’s responses thereto and the relevant dates and matters contended for by the Respondent.

4. The Respondent is to cause the completed Chronology to be forwarded to the Court for filing not less than 7 days prior to the commencement of the trial.

5. Each party is to file and serve an outline of case document not less than 7 days prior to the commencement of the trial setting out:

   a.a precise Minute of Orders sought;

   b.a list of documents to be read in their case;

   c.a brief summary of argument touching upon the matters set out s 60CC of the Act with reference to the relevant evidence relied on;

   d.a list of authorities to be relied upon.

1. The proceedings be listed for a readiness check before a Registrar on a date to be fixed around 21 days prior to the hearing and in the event that one of the parties have not failed affidavits as ordered the matter may be relisted as undefended at the trial.

2. In the event of any applicable setting down and/or hearing fee not having been reduced on the basis of financial hardship, the Applicant and Respondent shall pay any such fee equally no later than 21 days after the allocation of trial dates by the List Clerk.

3. Leave is granted to the Independent Children’s Lawyer to photocopy material produced on subpoena for the purposes of producing a tender bundle.

Notations

1. The Independent Children’s Lawyer undertakes to provide a tender bundle to the parties.

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

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 2530  of 2013

Mr Jason

Applicant

And

Ms Jason

Respondent

REASONS FOR JUDGMENT

1. In these proceedings, the parties are now at the stage where the matter needs to be listed for hearing.  It has previously been listed for hearing, but that hearing was vacated.  It appeared the matter was going to be resolved, but it has unable to be resolved.  It also appeared that there was agreement about interim orders, but apparently they are no longer agreed to.  The mother says she opposes the orders being made which, as I understand it, will regularise the reality of the children’s current parenting arrangements, but she was unable to make any submissions as to why these orders should not be made. 

2. Considering that these children have had their parenting arrangements up in the air for a long time now, that a number of the issues that appeared to be current some months ago seem to have been addressed so far as the father’s household is concerned, and the reality of the children’s lives is that they live with their father and spend time with the mother, in my view, it is appropriate for orders to be made that support that arrangement, pending final hearing.   Accordingly, I mark the document prepared by the Independent Children’s Lawyer as “exhibit A” and I make the orders in terms of orders 1 to 10.   Now, I also make orders in relation to the preparation of the matter for trial.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Hannam delivered on 11 August 2015.

Associate:

Date:  4 September 2015