Le and Lao and Ors

[2017] FamCA 976

FAMILY COURT OF AUSTRALIA

LE & LAO AND ORS [2017] FamCA 976

FAMILY LAW – Orders by Consent

APPLICANT: Ms Le

RESPONDENT:	Mr Lao
SECOND AND THIRD RESPONDENTS:	Mr A Lao & Ms Zian

FILE NUMBER: MLC 727 of 2017

DATE DELIVERED: 28 November 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Gill J

HEARING DATE: 28 November 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Hall

SOLICITOR FOR THE APPLICANT: Armstrong Legal

COUNSEL FOR THE RESPONDENT: Mr Mellas

SOLICITOR FOR THE RESPONDENT: Collins Law Pty Ltd

COUNSEL FOR THE SECOND & THIRD RESPONDENTS:	Mr Mellas
Collins Law Pty Ltd

Mr Macfarlane

SOLICITOR FOR THE SECOND & THIRD RESPONDENTS:

David Wilkinson & Co

Orders

IT IS ORDERED BY CONSENT THAT

1. That until further order the children of the marriage B born … 2008 and C born … 2010 live with the Husband.

2. That until further order the Applicant Wife spend time with the children as follows:

   (a)Each Sunday from 9am until 7pm;

   (b)Each alternate Saturday during school term from 2pm until 7pm commencing on 2 December 2017;

   (c)During the school holidays each alternate Saturday from 9am until 7pm unless the children have Chinese Language classes in which case time shall be from 2pm until 7pm;

   (d)Each Wednesday from 6pm until 8pm except on Wednesday 27 December 2017;

   (e)On Christmas Day from 9am until 3pm;

   (f)On Boxing Day from 12noon until 7pm;

   (g)On Chinese New Year in 2018 (16 February 2018) from 6pm until 8pm;

   (h)At all other times as agreed between the parties in writing from time to time.

3. That the Husband advise the Wife by 5pm Thursday prior to the Saturday in Order 3(b) and 3(c) whether the children have Chinese Language class that weekend.

4. That changeover take place outside D Street, Suburb E.

5. That without admitting the necessity for such an order, the Applicant Wife will provide dinner to the children before they are returned to the Husband pursuant to orders 1(a), (b), (c), (d) and (e), (f) and (g).

6. That the Husband shall make available for collection from Outside the property at D Street, Suburb E the mother’s clothing and shoes and her books and jewellery on Sunday 3 December 2017 at 7pm.

7. That the matter otherwise be adjourned to the Senior Registrar’s Duty List in February 2018.

NOTATION:

A.The Husband and Wife and 2^nd and 3^rd Respondents respectively reserve their rights with respect to the release or return of monies and\or chattels taken or not taken at the time of physical separation in October 2017.

IT IS NOTED THAT

1. The solicitors for the applicant will provide a clean electronic type script copy to my associate by close of business Thursday 30 November 2017. 

IT IS FURTHER ORDERED THAT

1. The matter is otherwise adjourned to the Senior Registrar’s list for potential interim hearing of the children’s matter at 10am on 6 February 2018.

IT IS NOTED THAT

1. In the event that the parties seek to litigate interim orders at that stage it will be necessary for the parties to file in a timely manner to allow that to occur.

2. The property proceedings are transferred to the Registrar’s list to a date to be fixed for further hearing.

3. In the event that a party is seeking to have evidence taken from an overseas witness then that party is to comply with the relevant Rules in respect of seeking such permission and is to seek directions on the relisting of the matter before the Registrar to ensure that that matter may be dealt with in advance of the trial.

IT IS FURTHER ORDERED THAT

1. The listing on 5 December 2017 is vacated.

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 Le & Lao 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).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 727 of 2017

Ms Le

Applicant

And

Mr Lao

Respondent

And

Mr A Lao & Ms Zian
(Second and Third Respondents)

EX-TEMPORE REASONS FOR JUDGMENT

1. Orders were made in this case in terms of the Agreed Terms.  It was submitted for the husband that the Agreed Terms reflect a level of maturity and cooperation between the parties in going forward in relation to this matter.  These Terms were entered into in the context of where there is an allegation of family violence against the mother, apparently alleged to have occurred at about the time that the relationship broke down. 

2. An intervention order is currently in place pending a final hearing of that matter. 

3. The mother disputes the matters that are being litigated in the intervention order while the father asserts that he and the children were exposed to family violence on the part of the mother.  While the Agreed Terms provide for a handover to take place outside the former matrimonial home, thereby bringing the mother and father into some contact with each other, that is now in a context that the parties have come to an agreement as to the mechanism that will take place and that even in those circumstances the intervention order will remain operative for the protection of the parties in those circumstances.  Those protections are sufficient to deal with the current issues of family violence and permit the making of the orders in the terms sought by the parties.

4. The property proceedings are transferred to the Registrar’s list to a date to be fixed for further hearing.

5. In the event that a party is seeking to have evidence taken from an overseas witness then that party is to comply with the relevant Rules in respect of seeking such permission and is to seek directions on the relisting of the matter before the Registrar to ensure that that matter may be dealt with in advance of the trial.

6. The listing on 5 December 2017 is vacated.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 28 November 2017.

Associate: 

Date:  1 December 2017