Landring & Landring

Case [2025] FedCFamC2F 147


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:

  1. 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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Landring & Landring [2025] FedCFamC2F 147
Case
[2025] FedCFamC2F 147
Decision Date

CaseChat Overview and Summary

The matter involved a dispute between Mr Landring and Ms Landring concerning a consent order made in relation to their parenting arrangements. The case was heard by Judge Parker in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the consent order, which had been made in exercise of delegated judicial power, should be reviewed. The court was required to consider the overarching purpose of the Family Law Act 1975 (Cth) and whether the consent order aligned with this purpose. Additionally, the court needed to determine the appropriate costs order in light of the outcome of the application for review.

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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