Jenkinson and Poath

[2007] FamCA 230

FAMILY COURT OF AUSTRALIA

JENKINSON & POATH [2007] FamCA 230

FAMILY LAW - CHILDREN - Appointment of case guardian

APPLICANT: MS JENKINSON

RESPONDENT: MS POATH

FILE NUMBER: HBF 1117 of 2006

DATE DELIVERED: 13 March 2007

PLACE DELIVERED: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 13 March 2007

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Nettlefold

SOLICITOR FOR THE RESPONDENT: Ms Ryan

Orders

1. THAT pursuant to Rule 6.08(1) of the Family Law Rules 2004 Ms C of Hobart in Tasmania, Deputy Public Guardian, be appointed Case Guardian for the respondent in these proceedings.

2. THAT pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

3. THAT this is not a matter where the presumption under s65D(a) ought to apply.

   IT IS NOTED

4. THAT the Case Guardian has given consent in accordance with the Rules.

   IT IS FURTHER ORDERED

5. THAT leave be given for the parties to make an oral application in regard to parental responsibility with regard to the child born in August 2005.

6. THAT the Respondent and Case Guardian have parental authority such as to enable them to register the birth of the child, a daughter, born in August 2005.

7. THAT all outstanding applications in a case be dismissed.

8. THAT these proceedings be adjourned to a Registrar’s Directions Hearing at 10.00am on 16 May 2007.

9. THAT all parties be given leave to file consent orders with the Registrar prior to that date.

IT IS DIRECTED

1. THAT a transcript of the reasons for these orders be taken out and placed on the Court file.

   IT IS CERTIFIED

2. THAT pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBF 1117  of 2006

MS JENKINSON

Applicant

And

MS POATH

Respondent

REASONS FOR JUDGMENT

1. This is an application by Ms Jenkinson for appointment of a case guardian in accordance with the rules.  The application was filed on 19 February 2007 supported by an affidavit by Ms C, the deputy public guardian, who I note is in court today and I thank her for her appearance.

2. The application is not opposed, and I note that the affidavit sets out that she was appointed administrator pursuant to the Guardianship and Administration Act 1995 on 28 April 2006 and a copy of that order is exhibited to her affidavit.

I certify that the preceding 2 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Benjamin

Associate: 

Date:  13 March 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as POATH & JENKINSON