Meese and Meese (No. 3)

FAMILY COURT OF AUSTRALIA

MEESE & MEESE (NO. 3) [2018] FamCA 807

FAMILY LAW – CONTRAVENTION – where each count dismissed – consideration of costs – where applicant wholly unsuccessful – where application brought about by failure of respondent to provide children generally – no order as to costs.

Family Law Act 1975 (Cth) s 117.

APPLICANT: Mr Meese

RESPONDENT: Ms Meese

INDEPENDENT CHILDREN’S LAWYER: Mr P Smith

FILE NUMBER: CAC 773 of 2017

DATE DELIVERED: 28 September 2018

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 28 September 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr M Carney, SC

SOLICITOR FOR THE APPLICANT: Farrar Gesini Dunn

SOLICITOR FOR THE RESPONDENT: Andrew Warren Associates

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid, ACT

Orders

1. The interim application of the Father filed 12 September 2018 and returnable on 12 November 2018 is vacated from 12 November 2018 and listed for hearing at 10am on 9 October 2018.

IT IS NOTED THAT

1. The Mother has been permitted to file in Court her response and responding material to that application today. 

IT IS FURTHER ORDERED THAT

1. The Father may file and serve any material he seeks to rely upon in reply to the Mother's material by 12pm on 5 October 2008.

IT IS NOTED THAT

1. The hearing time will be limited to limited to 2 hours on that day.

IT IS FURTHER ORDERED THAT

1. Any amended application in a case may be filed by the Father by midday on 5 October 2018.

2. Provided the consent of the person who is the object of the subpoena is obtained, the parties are at liberty to issue such subpoenas as are necessary for the preparation of the interim hearing provided that they are returnable no later than 10am on 8 October 2018.

IT IS NOTED THAT

1. The Mother’s responding material includes an application in relation to financial matters.  It has been indicated to the parties that the financial aspects of the application will not be reached on the next occasion and hence there is no necessity for those to be answered at this point.

2. Directions will be given in respect of the interim financial matters on the next occasion.

IT IS FURTHER ORDERED THAT

1. Each of the counts of contravention is dismissed.

2. There being no order as to costs.

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 Meese & Meese (No. 3) 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 CANBERRA

FILE NUMBER: CAC 773 of 2017