JOFFRE & BOYNE

[2010] FamCA 193

FAMILY COURT OF AUSTRALIA

JOFFRE & BOYNE [2010] FamCA 193

FAMILY LAW - CHILDREN - Best interests - Family report - non-release of report for a period

Family Law Act 1975 (Cth) Part VII

APPLICANT: Ms Joffre

RESPONDENT: Mr Boyne

INDEPENDENT CHILDREN’S LAWYER: Legal Aid Queensland

FILE NUMBER: BRC 1536 of 2009

DATE DELIVERED: 26 February 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATE: 26 February 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Selby of Selby Legal Pty Ltd

SOLICITOR FOR THE RESPONDENT: Ms McKenzie of Morton & Morton

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Legal Aid Queensland

Orders

IT IS ORDERED THAT

1. The matter be adjourned to the Magellan Registrar at a time and on a date to be fixed with no appearance being required by any party.

2. By reason of the ‘best interests of the child’ contained in Part VII of the Family Law Act 1975, The Family Report prepared by Ms B, Family Consultant, is not to be released to the parties or the Independent Children’s Lawyer, until five weeks before the matter is listed for trial.

3. The Independent Children's Lawyer be granted leave to issue subpoena as she considers appropriate and in particular to:

   (a)     Department of Communities (Child Safety Services);

   (b)     Education Queensland;

   (c)     H and Y Hospitals;

   (d)     The Queensland Police Service.

4. The solicitor for the mother be granted leave to issue subpoena to:

   (a)     Lifeline Community Care;

   (b)    the Royal Children’s Hospital Brisbane.

5. Unless otherwise ordered, leave be granted to ALL PARTIES to INSPECT and the INDEPENDENT CHILDREN'S LAWYER ALONE to COPY documents produced pursuant to subpoenae, save in respect of any document of which a claim for privilege attaches and/or in respect of which confidentiality is claimed, in which case an application is to be brought before Justice Murphy to inspect such documents.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 1536  of 2009

MS JOFFRE

Applicant

And

MR BOYNE

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. A family report has been prepared by Ms B, a family consultant.  Today, on the mention of this matter in the Magellan directions list, an indication was given that it is hoped that, (subject to the parties and independent children’s lawyer undertaking all steps necessary) the trial of this matter will be heard in approximately mid-July when Dr M again becomes available to give evidence.

2. There is, thus, a period of about three months or so between now and the trial.

3. I have, in consultation with the Magellan registrar, considered the contents of Ms B’s report.  I will direct that Ms B’s report not be released to either the parties or the independent children’s lawyer until approximately five weeks prior to the date of trial allocated to this matter.

4. I make that determination (which involves the non-release of the report for a period of some three months or so after it has been authored) by reason of what I consider to be the best interests of the children by reason of the matters contained in that report.

5. I will make my usual order about leave to issue subpoenas in the discretion of the ICL and my usual order about parties to inspect save for objection and my usual order in respect of the Independent Children’s Lawyer having leave to copy but no other party without further order.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy

Associate: 

Date:  15 March 2010