Keats & Halloran

Case [2022] FedCFamC2F 1724


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Keats & Halloran [2022] FedCFamC2F 1724

File number(s): CAC 2603 of 2021
Judgment of: JUDGE W J NEVILLE
Date of judgment: 15 December 2022
Catchwords: FAMILY LAW – Parenting – Application to re-open proceedings following final consent Orders being made in 2018 – Consideration of Rice v Asplund principles – no sufficient change in circumstances to qualify re-opening proceedings – re-commencing litigation not in the best interests of the children – Application dismissed with an Order for costs in favour of the Father – Potential conflict of interest.
Legislation:

Evidence Act 1995 (Cth) s. 79

Family Law Act 1975 (Cth)

Cases cited:

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Banham v Banham (2021) 64 Fam LR 361

Birkett & Birkett [2017] FCCA 2503

Carriel v Lendrum (2015) 53 Fam LR 157

Charisteas & Charisteas [2022] FedCFamC1A 160

Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Grundt v Great Boulder Proprietary Gold Mines Ltd (1937) 59 CLR 641

Honeysett v The Queen (2014) 253 CLR 122

Jacobs (a Pseudonym) v The Queen [2019] VSCA 285

Jones Dunkel (1959) 101 CLR 298

Marsden v Winch (2010) 42 Fam LR 1

Miller v Harrington (2008) 220 FLR 300; (2009) 39 Fam LR 654

Mahoney & Dieter [2020] FamCAFC 88

Poisat & Poisat (2014) FLC 93-597

Porter v Dyer (2022) 402 ALR 659

Rice & Asplund (1978) 6 Fam LR 570

Shan & Prasad (2020) 61 Fam LR 440

Sidhu v Van Dyke (2014) 251 CLR 505

SPS & PLS (2008) 217 FLR 164; (2008) FLC ¶93–363; (2009) 39 Fam LR 295

Stephens v Stephens (2011) 44 Fam LR 117

Swenson & Brantley (No.2) [2020] FamCAFC 205

Spencer v Commonwealth (2010) 241 CLR 118

Walter & Walter [2016] FamCAFC 56

Division: Division 2 Family Law
Number of paragraphs: 153
Date of hearing: 24 November 2022
Place: Canberra
Counsel for the Applicant Mr I Duane
Solicitor for the Applicant Farrar Gesini Dunn
Counsel for the Respondent Ms R Curran
Solicitor for the Respondent Robinson + McGuiness

ORDERS

CAC 2603 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS HALLORAN
Applicant

AND:

MR KEATS
Respondent

order made by:

JUDGE W J NEVILLE

DATE OF ORDER:

15 december 2022

ON A FINAL BASIS, THE COURT ORDERS THAT:

1.The Application filed 16 August 2022 be dismissed.

2.By no later than 14 February 2023, the Mother pay the costs of the Father’s Counsel.

3.By no later than 28 February 2023, the Mother pay two-thirds of the Father’s solicitor’s costs.

4.If there is any dispute regarding Order 3, by no later than 31 January 2023, the parties are to file submissions of no more than 1 page in length.

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…

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Keats & Halloran [2022] FedCFamC2F 1724
Case
[2022] FedCFamC2F 1724
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CaseChat Overview and Summary

The case of Keats & Halloran involved a mother seeking to re-open final parenting orders made in 2018. The mother sought unsupervised time with her three children and for them to live with her. The father resisted the application, arguing it should be dismissed on various grounds, including the mother's failure to provide relevant expert evidence. The mother filed an expert report from a psychiatrist, but the father argued it did not address the key issues that gave rise to the 2018 orders. The court found the mother's application was deficient in evidence and flawed in various respects. The expert report did not address the previous diagnoses and treatment recommendations made by other experts. The court dismissed the mother's application and ordered her to pay the father's legal costs. The court noted that the mother's application was almost certainly doomed to fail when it was filed, due to the deficiencies in her evidence and the failure to address key issues. The court also found that the mother's proposed change of residence for the children would not be in their best interests.

Orders

Orders of the court

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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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