Materanzi and Suskain (No 2)

FAMILY COURT OF AUSTRALIA

MATERANZI & SUSKAIN (NO 2) [2011] FamCA 276

FAMILY LAW – PRACTICE AND PROCEDURE - Application for the appointment of a case guardian

Family Law Rules 2004

APPLICANT: Mr Materanzi

RESPONDENT: Ms Suskain

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: SYC 776 of 2010

DATE DELIVERED: 8 February 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Forrest J

HEARING DATE: 8 February 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Gould

SOLICITOR FOR THE APPLICANT: Karras Partners

COUNSEL FOR THE RESPONDENT: Ms Graves

SOLICITOR FOR THE RESPONDENT: n/a

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Wearne

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

Orders

1. The oral application by counsel for the Respondent Mother for the appointment of a case guardian for the Respondent Mother is refused.

IT IS NOTED that publication of this judgment under the pseudonym Materanzi and Suskain (No 2) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 776 of 2010

Mr Materanzi

Applicant

And

Ms Suskain

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. The applicant in these proceedings, Mr Materanzi, and the respondent, Ms Suskain, are the parents of H, who was born in April 2004.  H now is rapidly approaching seven years of age.

2. Sadly, for much of H’s life so far, her parents have remained in dispute in respect of parenting arrangements for H in respect of the time, if any, she spends in her father’s care and in respect of most aspects related to her parenting.

3. The dispute between them about the parenting of little H has been before this court and taken up much of this court’s time now for many years.  Since, as I understand it, sometime in 2004, the applicant and the respondent have been involved in proceedings in this court.

4. The matter - the parenting dispute - found its way into the Magellan list of this registry and was listed some time in recent months for a hearing lasting five days commencing at 10.00 am on Monday, 7 February 2011.

5. Now on 13 December 2010, Registrar George of this registry - who I understand is the Magellan Registrar - conducted a telephone directions hearing at which I understand that the respondent mother was represented by Ms Graves of counsel.  Mr O’Dowd, the Independent Children’s Lawyer, was present and Ms Cutelli, solicitor acting for the applicant father, was also present.

6. On that day, Registrar George made numerous directions in respect of getting the matter ready for the hearing.  Included in the directions Registrar George made, was the critical direction that by 27 January 2011 the parties were to file and serve the evidence they rely upon.  As I understand it, Registrar George when making that direction, was not told that it could not be complied with by the respondent mother.

7. Indeed, I understand that on 31 January - so about a week before the matter was due to commence…