McCLEASE and Barnicoat and Anor

Link copied
Case Copied 41 min read

FEDERAL CIRCUIT COURT OF AUSTRALIA

McCLEASE & BARNICOAT & ANOR [2018] FCCA 1658
Catchwords:
FAMILY LAW – Parenting – consideration of principle in Rice & Asplund – previous determinations of parenting Orders in the NSW District Court and Supreme Court – approval given by Director-General for the Mother to institute proceedings in this Court – no relevant change in circumstances to warrant a change to the existing Orders for the Mother to spend only supervised time with the children.

Legislation:

Family Law Act 1975 (Cth), ss.60CA, 60CC(2A), 69ZK(1) & (2)

Cases cited:
Carriel v Lendrum (2015) 53 Fam LR 157
Marsden v Winch (2010) 42 Fam LR 1
Miller v Harrington (2008) 220 FLR 300; (2009) 39 Fam LR 654
In the Marriage of N [1991] FamCA 54
Newling & Newling (1987) 11 Fam LR 974
O’Brien & O’Brien [2017] FamCAFC 219
Poisat & Poisat (2014) FLC 93-597

Rice & Asplund (1979) FLC ¶90-725

SPS & PLS (2008) 217 FLR 164; (2008) FLC ¶93–363; (2009) 39 Fam LR 295
Walter & Walter [2016] FamCAFC 56

Applicant: MS MCCLEASE
First Respondent: MR BARNICOAT
Second Respondent: MR SIMPSON
File Number: CAC 1742 of 2017
Judgment of: Judge Neville
Hearing date: 13 April 2018
Date of Last Submission: 13 April 2018
Delivered at: Canberra
Delivered on: 19 April 2018

REPRESENTATION

Solicitors for the Applicant: D.N. Wilson & Co
Counsel for the 1st Respondent: Mr Stagg
Solicitors for the 1st Respondent: Legal Aid ACT
Solicitors for the 2nd Respondent: Legal Aid NSW

ORDERS

(1)The Mother’s Application filed on 21 September 2018 be dismissed, the matter be finalised and removed from the docket immediately.  

IT IS NOTED that publication of this judgment under the pseudonym McClease & Barnicoat & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAC 1742 of 2017

MS MCCLEASE

Applicant

And

MR BARNICOAT

First Respondent

MS SIMPSON

Second Respondent

REASONS FOR JUDGMENT

Introduction

1.These reasons, which have been revised from the transcript, relate to the Mother’s Application, filed 21st September last year, to vary Orders that were initially made by the District Court of New South Wales on 18th April 2013, and more recently by the New South Wales Supreme Court on at least two occasions in 2016.  Pursuant to Orders made in the Courts to which I have referred, the children, who are the subject of the Application, [X] (aged 8 years) and [Y] (aged 10 years) live with their respective Fathers in South Australia ([X] [8 years] and [Y] [10 years]), and country New South Wales ([Z] [aged 7 years]).

2.Also in accordance with those Orders, the Mother spends only supervised time with the children in South Australia and in Town A. 

3.The primary or fundamental reason given by the Mother that grounds her current Application, notwithstanding the multiple Court events and Orders to which I have referred, is the simple fact that the children are now older and therefore,…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read McCLEASE and Barnicoat and Anor and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2018] FCCA 1658
Decision Date

CaseChat Overview and Summary

In the matter of *McClease and Barnicoat and Anor*, heard before Judge Neville, the dispute concerned an application by the Mother, filed on 21 September 2018. The precise nature of the dispute is not detailed in the provided text, beyond the fact that it was an application brought by the Mother.

The central legal issue before the court was whether to grant the Mother's application filed on 21 September 2018. The court was required to determine the merits of this application and decide whether it should be dismissed or otherwise dealt with.

Judge Neville dismissed the Mother's application. The court ordered that the matter be finalised and removed from the docket immediately.

Orders

Orders of the court

(1) The Mother’s Application filed on 21 September 2018 be dismissed, the matter be finalised and removed from the docket immediately.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.