FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Landring & Landring [2025] FedCFamC2F 147
File number(s): BRC 6170 of 2024 Judgment of: JUDGE PARKER Date of judgment: 24 January 2025 Catchwords: FAMILY LAW – PARENTING – Review of consent order made in exercise of delegated judicial power – overarching purpose – costs Legislation: Family Law Act 1975 (Cth) ss 60CC, 60CG, 69ZL, 69ZN, 95, 96, 117 Cases cited: Accardi & Russo [2022] FedCFamC1F 253
Banks & Banks [2015] FamCAFC 36; [2015] FLC ¶93-637
Deiter & Deiter [2011] FamCAFC 82
Eaby & Speelman [2015] FamCAFC 104; (2015) FLC ¶93-654
Goode & Goode [2006] FamCA 1346; (2006) FLC ¶93-286
Harris & Caladine [1991] HCA 9; (1991) 172 CLR 84
Lawson & Glenning [2021] FedCFamC2F 118
M & M [1988] HCA 68; (1988) 166 CLR 69
Marvel & Marvel [2010] FamCAFC 101
Nowell & Nowell [2021] FedCFamC2F 170
Salah & Salah [2016] FamCAFC 100; (2016) FLC ¶93-713
Division: Division 2 Family Law Number of paragraphs: 37 Date of hearing: 24 January 2025 Place: Adelaide Counsel for the Applicant: Mr Wise Solicitor for the Applicant: Sunshine Coast Legal Pty Ltd Solicitor Advocate for the Respondent: Ms Murchie Solicitor for the Respondent: Legal Aid Queensland Solicitor Advocate for the Independent Children's Lawyer: Ms Fairon Solicitor for the Independent Children's Lawyer: Life Law Solutions ORDERS
BRC 6170 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LANDRING
Applicant
AND: MS LANDRING
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
24 JANUARY 2025
THE COURT ORDERS THAT:
1.The Application for Review filed by the Applicant on 2 December 2024 is dismissed.
2.The Applicant pay the Respondent’s costs of and incidental to the Application for Review, fixed in the sum of $1,350, such sum to be paid into the trust account of the Respondent’s solicitors within six (6) months of the date of these orders.
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 subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE PARKER:
These reasons were delivered ex tempore and have been settled from the transcript. Grammatical errors have been corrected, citations have been added and amendments have been made to make the orally delivered reasons clearer and easier…
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CaseChat Overview and Summary
Judge Parker found that the consent order did indeed align with the overarching purpose of the Family Law Act 1975 (Cth), which is to ensure that children have the benefit of both parents being involved in their upbringing. The judge concluded that the order was reasonable and in the best interests of the child. Consequently, the application for review was dismissed. The judge also considered the costs associated with the application, determining that the applicant should bear the costs of the review process and ordering the applicant to pay $1,350 to the respondent's solicitors within six months.
This decision underscores the importance of ensuring that consent orders in family law are made with the best interests of the child as the paramount consideration. The court's emphasis on the overarching purpose of the Family Law Act 1975 (Cth) reinforces the need for orders to be child-focused. The costs order serves as a reminder of the consequences of bringing an unsuccessful application for review, particularly in matters involving delegated judicial power.
Orders
Orders of the court
BRC 6170 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LANDRING
Applicant
AND:
MS LANDRING
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
24 JANUARY 2025
THE COURT ORDERS THAT:
1. The Application for Review filed by the Applicant on 2 December 2024 is dismissed.
2. The Applicant pay the Respondent’s costs of and incidental to the Application for Review, fixed in the sum of $1,350, such sum to be paid into the trust account of the Respondent’s solicitors within six (6) months of the date of these orders.
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 subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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