Lavigne & Gavin

Case [2024] FedCFamC2F 353


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Lavigne & Gavin [2024] FedCFamC2F 353

File number(s): SYC 3478 of 2021
Judgment of: JUDGE HARLAND
Date of judgment: 1 March 2024
Catchwords: FAMILY LAW – practice and procedure – application to adjourn hearing for review of a Senior Judicial Registrar’s decision with respect to urgent interim parenting orders  
Legislation:

Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191

Federal Circuit and Family Court of Australia (Family Law)Rules 2021 (Cth) r 14.07

Convention on the Rights of the Child.

Open for signature 20 November 1989. A RES 44/55 (entered into force 2 September 1990)

Cases cited:

Breck & MacKellar [2021] FedCFamC1F 102

Lawson and Glenning [2021] FedCFamC2F 118

Rice & Asplund [1978] FamCA 84

Division: Division 2 Family Law
Number of paragraphs: 28
Date of hearing: 1 March 2024
Place: Melbourne
Solicitor for the Applicant Ms Grew of Matthews Folbigg Pty Ltd
Counsel for the Respondent Mr Richardson
Solicitor for the Respondent Barkus Doolan Winning
Solicitor for the Independent Children’s Lawyer Ms Mason of Mason Mia and Associates

ORDERS

SYC 3478 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR GAVIN

Applicant

AND:

MS LAVIGNE

Respondent

INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:

JUDGE HARLAND

DATE OF ORDER:

1 MARCH 2024

THE COURT ORDERS THAT:

1.Leave is granted for the applicant to rely on their affidavit filed 26 February 2024.

2.The application for review is adjourned to 26 April 2024 at 9.30am.

3.The directions hearing on 20 March 2024 is vacated.

4.No later than 7 days prior to the application for review, the parties file and serve an affidavit no more than 20 pages and 10 annexures.

5.No later than 3 days prior to the trial date, all parties are to file and serve a case outline document and provide chambers with a copy of each party’s respective tender bundles.

6.Liberty to apply is granted for the parties and/or the independent children’s lawyer to write to chambers advising of any delay in the release of the family report and orders for filing dates and the return date for the review can be dealt with administratively.

7.The costs of this day are reserved.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 s 121(9)(g) of the Family…

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Lavigne & Gavin [2024] FedCFamC2F 353
Case
[2024] FedCFamC2F 353
Decision Date

CaseChat Overview and Summary

The case of Lavigne & Gavin involved an application by Mr. Gavin to review a decision made by a Senior Judicial Registrar regarding urgent interim parenting orders. The application was heard in the Federal Circuit and Family Court of Australia, Division 2. The primary issue before the court was whether the application for review should be adjourned, and if so, what conditions should be imposed to facilitate the proceedings.

The court considered the necessity for the review of the Senior Judicial Registrar's decision, particularly in light of the urgency of the interim parenting orders. The applicant argued that additional time was required to prepare for the review, and the court assessed the reasonableness of this request against the respondent's need for timely resolution of the parenting arrangements. The court also examined the logistics of managing the case schedule, including the directions hearing and the role of the independent children's lawyer.

In its judgment, the court found that the application for review should be adjourned to allow the applicant sufficient time to prepare. The court granted leave for the applicant to rely on his affidavit filed on 26 February 2024 and set the review for 26 April 2024 at 9.30am. The directions hearing scheduled for 20 March 2024 was vacated. The court imposed specific conditions for the filing and serving of affidavits and case outline documents, as well as providing tender bundles. Additionally, the court allowed for administrative handling of any delays in the release of the family report. The costs of the day were reserved pending further orders.

Orders

Orders of the court

SYC 3478 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR GAVIN

Applicant

AND:

MS LAVIGNE

Respondent

INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:

JUDGE HARLAND

DATE OF ORDER:

1 MARCH 2024

THE COURT ORDERS THAT:

1. Leave is granted for the applicant to rely on their affidavit filed 26 February 2024.

2. The application for review is adjourned to 26 April 2024 at 9.30am.

3. The directions hearing on 20 March 2024 is vacated.

4. No later than 7 days prior to the application for review, the parties file and serve an affidavit no more than 20 pages and 10 annexures.

5. No later than 3 days prior to the trial date, all parties are to file and serve a case outline document and provide chambers with a copy of each party’s respective tender bundles.

6. Liberty to apply is granted for the parties and/or the independent children’s lawyer to write to chambers advising of any delay in the release of the family report and orders for filing dates and the return date for the review can be dealt with administratively.

7. The costs of this day are reserved.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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