Lancefield and Lancefield

FAMILY COURT OF AUSTRALIA

LANCEFIELD & LANCEFIELD [2020] FamCAFC 194

FAMILY LAW – APPEAL – APPLICATION IN APPEAL – EXPEDITION – Where the father seeks to expedite his appeal against final parenting orders that substantially change primary care arrangements – Change in living arrangements to take place six months hence – Where the mother and Independent Children’s Lawyer neutral on the application – Whether the matter should be afforded priority to the detriment of other cases – Where the nature of the appeal justified priority – Application granted.

Family Law Act 1975 (Cth) ss 60CC, 94(2D)(j)

Family Law Rules 2004 (Cth) r 12.10A

APPLICANT: Mr Lancefield

RESPONDENT: Ms Lancefield

INDEPENDENT CHILDREN’S LAWYER: Acorn Lawyers

FILE NUMBER: WOC 562 of 2018

APPEAL NUMBER: EA 105 of 2020

DATE DELIVERED: 7 August 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Ryan J

HEARING DATE: 7 August 2020

LOWER COURT JURISDICTION: Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE: 29 June 2020

LOWER COURT MNC: [2020] FCCA 1674

REPRESENTATION

SOLICITOR FOR THE APPELLANT: Powe & White Family Lawyers

SOLICITOR FOR THE RESPONDENT: Rossi Simicic Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Acorn Lawyers

Orders

1. That the Application in an Appeal for expedition filed 24 July 2020 be granted.

2. That the appeal EA 105 of 2020 be listed for hearing before the Full Court at 10.00 am on 7 October 2020 or as otherwise directed by the Eastern Appeals Registrar.

3. That the parties confer with the Eastern Appeals Registrar as to further directions in relation to the appeal.

4. That the costs of the application are to be costs in the appeal.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 105 of 2020
File Number: WOC 562 of 2018

Mr Lancefield

Applicant

And

Ms Lancefield

Respondent

And

Independent Children’s Lawyer

REASONS FOR JUDGMENT

Introduction

1. By an Application in an Appeal filed 24 July 2020, Mr Lancefield (“the father”) seeks to expedite his appeal against final parenting orders made on 29 June 2020 (“the orders”) in proceedings between him and Ms Lancefield (“the mother”).  The orders relate to parties’ children, X, born in 2009 and, Y, born in 2011 (“the children”).

2. Relevantly the orders under appeal provide:

   ·for the parties to have equal shared parental responsibility for the children (Order 1);

   ·until 23 December 2020, for the children to live with the father and spend time with the…