Melos and Harradine

[2018] FamCA 835

FAMILY COURT OF AUSTRALIA

MELOS & HARRADINE [2018] FamCA 835

FAMILY LAW – JURISDICTION– Transfer of proceedings from Family Court of Australia to Federal Circuit Court of Australia at the request of parties – discussion about appropriateness.

Family Law Act 1975 (Cth)

APPLICANT: Ms Melos

RESPONDENT: Mr Harradine

FILE NUMBER: MLC 1548 of 2018

DATE DELIVERED: 10 October 2018

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 10 October 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Elleray

SOLICITOR FOR THE APPLICANT: Peter Szabo Family Law

SOLICITOR-ADVOCATE FOR

THE RESPONDENT:

Ms Low

SOLICITOR FOR THE RESPONDENT: Bayside Solicitors

Orders

BY CONSENT IT IS ORDERED UNTIL FURTHER ORDER THAT

1. All extant proceedings be transferred to the Federal Circuit Court at Melbourne on a date to be fixed.

2. Paragraphs (3), (4), (5) and (8) of the Orders made 13 July 2018 be discharged.

3. That the child X born on … 2013 (“the child”) spend time and communicate with the Father as follows:

   (a)       From 10:00 am Saturday until 6:00 pm Sunday each alternate weekend commencing 13 October 2018;

   (b)       From 4:00 pm each alternate Tuesday until 7:00 pm Tuesday commencing 16 October 2018;

   (c)       Commencing Thursday 15 November 2018, by Facetime/Skype/or other electronic means once per week from 6:30 pm to 6:45 pm each Thursday and the child be afforded privacy when speaking with her Father;

   (d)       From 6:00 pm 23 December 2018 until 6:00 pm 24 December 2018;

   (e)       From 4:00 pm 26 December 2018 (Boxing Day) to 6:00 pm 27 December 2018;

   (f)       At such other times and on such terms as agreed between the parents in writing.

4. For the purposes of paragraph (3) above, the following applies:

   (a)       The Father shall remain in substantial attendance during all times the child spends with the Father;

   (b)       Changeovers on the weekend shall occur at the McDonalds Suburb B carpark with the maternal grandmother assisting with changeover;

   (c)       Until Friday 16 November 2018, changeovers on the Tuesdays shall occur at the child’s kindergarten at the commencement of the time and McDonalds Suburb B at the conclusion of the time spent period and thereafter at McDonalds C Street, Suburb D at the conclusion of the Father’s time.

5. Paragraphs (6) (drug screening) and (9) of the Orders made 13 July 2018 remain in full force and effect NOTING THAT the Father is in the process of enrolling in a post-separation parenting course

IT IS FURTHER ORDERED THAT

1. Pursuant to Section 68L(2) the Family Law Act 1975 (Cth) the child X born on … 2013 be separately represented AND IT IS REQUESTED that Victoria Legal Aid arrange such separate representation.

2. Forthwith upon appointment by the said Victoria Legal Aid or otherwise the Independent Children’s Lawyer file a Notice of Address for Service.

3. Within 48 hours of notification of such appointment the parties, and if represented the solicitors for the respective parties, provide to the Independent Children’s Lawyer copies of all relevant documents relied upon.

4. The Father is authorised to attend all events and functions normally attended by parents held at the child’s current kindergarten and/or her preparatory year in 2019 anticipated to be at E School, Suburb F.

5. Each parent give all necessary consents and authorities to enable the other party to obtain information concerning the child’s education, health care, and extra-curricular activities.

6. In the event the Father produces a drug screen result positive for any illicit substance or non-prescribed medication the Mother shall bring an Application in a Case to suspend time with the child.

7. The hearing listed on 12 December 2018 is vacated.

8. The Application in a Case filed on 7 August 2018 and the Response thereto filed on 20 September 2018 is otherwise dismissed.

9. The reasons this day be transcribed and placed on the Court file.

10. Pursuant to s. 65DA(2) and s. 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in this order.

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 Melos & Harradine 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 1548  of 2018

Ms Melos

Applicant

And

Mr Harradine

Respondent

REASONS FOR JUDGMENT

1. This is an application in a case by Ms Melos (“the mother”) filed on 7 August 2018 to which Mr Harradine (“the father”) responded on 20 September 2018.  The initiating proceedings began in February 2018 and this is the third hearing.  The parties have reached a compromise position today and have jointly asked for this Court to transfer the proceedings to the Federal Circuit Court. 

2. The transcript will no doubt note the discussion I have had with the parties about whether that is a sensible move, bearing in mind the controversy at the moment about the delays in the Court system generally.  Counsel for the mother says the basis for the transfer to the Federal Circuit Court is that it will be cheaper, noting that both parties are about to be – if not already – recipients of a Legal Aid grant.  The solicitor-advocate for the father joins in that particular basis to transfer the matter but also says that it will be quicker to obtain a final hearing. 

3. Whilst I have some reservations about that latter point knowing what is happening in the Federal Circuit Court in Melbourne, both parties maintain that is where they want to go. In my view, this Court would probably deal with the matter much more quickly, but it may very well cost the parties more money if Legal Aid was not to fund them. 

4. But on the basis of those matters, I will make interim orders by consent in terms of the minutes.  I will make the usual orders for an Independent Children’s Lawyer to be appointed.  I will vacate the hearing before Registrar George on 12 December 2018 which is apparently a telephone mention and I will otherwise dismiss the application in a case filed 7 August 2018 and the response thereto filed 20 September 2018.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 10 October 2018

Acting Associate:

Date:  18 October 2018