Madigan & Madigan
[2023] FedCFamC1F 256
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Madigan & Madigan [2023] FedCFamC1F 256
File number(s): NCC 3642 of 2017 Judgment of: SMITH J Date of judgment: 31 March 2023 Catchwords: FAMILY LAW - Parenting – where the Children’s Court of NSW makes threshold finding under s 71 of Children and Young Persons (Care and Protection) Act 1998 (NSW) - where there are interim orders conferring parental responsibility to the Secretary of the Department of Communities and Justice and interim orders - where section 69ZK of the Family Law Act 1975 applies – proceedings dismissed by consent. Legislation: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 71 Division: Division 1 First Instance Number of paragraphs: 5 Date of hearing: 31 March 2023 Place: Newcastle by Microsoft Teams Solicitor for the Applicant: Gus Farland Pty Ltd Solicitor for the Respondent: NLS Law Solicitor for the Independent Children's Lawyer: Ms Adams-Nash as agent for Foat Roberts Lawyers ORDERS
NCC 3642 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR MADIGAN
Applicant
AND: MS MADIGAN
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
SMITH J
DATE OF ORDER:
31 MARCH 2023
BY CONSENT AND ON A FINAL BASIS THE COURT ORDERS THAT:
1.Discharge all current interim orders of the Federal Circuit and Family Court of Australia.
2.All outstanding Applications are dismissed and the proceedings are removed from the List of Matters awaiting finalisation.
3.There be no order as to costs.
AND THE COURT NOTES:
A.The parties have informed the Court that the Children’s Court of New South Wales has made an Interim Order pursuant to s 71 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) allocating parental responsibility to the minister and will make final orders in due course.
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 the pseudonym Madigan & Madigan has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
SMITH J:
This matter is listed before me today for mention.
The parties have advised that there are proceedings in the Children’s Court, and the matter has been determined to reach the threshold pursuant to section 71 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).
There has been an allocation of Parental Responsibility to the Minister, and there are interim orders in place.
In those circumstances both parties, who are legally represented and on legal aid grants, and the Independent Children’s Lawyer all agree that there is no utility in the maintenance of these proceedings and that they should be dismissed. I agree.
In those circumstances, by Consent, noting that there shall be no order as to costs given that all parties are legally aided, I make the agreed Orders;
I certify that the preceding five (5) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Smith. Associate:
Dated: 31 March 2023
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