Orbach and Schroder

FEDERAL CIRCUIT COURT OF AUSTRALIA

ORBACH & SCHRODER [2014] FCCA 3056

Catchwords:
FAMILY LAW – Practice and procedure – change of venue – consideration of rules 8.01 and 8.02 of the Federal Circuit Court Rules 2001.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 62G, 68L

International Convention on the Rights of the Child
Federal Circuit Court Rules 2001, pt.15, rr.8.01, 8.02
Federal Circuit Court of Australia Act 1999, s.3

H & W (1995) FLC 92-598
Re R Children’s Wishes [2000] FamCA 43
AMS & AIF (1999) CLR 160

Applicant: MS ORBACH

Respondent: MR SCHRODER

File Number: CAC 1077 of 2009

Judgment of: Judge Harman

Hearing date: 10 December 2014

Date of Last Submission: 10 December 2014

Delivered at: Albury

Delivered on: 10 December 2014

REPRESENTATION

Solicitors for the Applicant: Ms Murrell of Farrell Lusher Solicitors

The Respondent appeared in person.

ORDERS

1. Vacate the hearing 30 September 2015 (being a hearing of the Contravention Applications filed 28 September 2013, 13 February 2014, 1 September 2014 and 24 September 2014).

2. Pursuant to s.68L an Independent Children’s Lawyer is appointed for the reasons and with ancillary orders as set out in the usual form of order Exhibit A hereto.

3. Transfer these proceeding and all extant Applications (comprising the above Contravention Applications together with the Initiating Application filed 1 December 2014) to the Newcastle Registry of the Federal Circuit Court of Australia.

4. List the proceedings for mention 9.30am 3 February 2015.

5. Order the Reasons delivered today, to be forwarded with the file to assist the Federal Circuit Court Judge upon whose docket the matter will ultimately reside.

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

Exhibit A

Appointment of an Independent Children’s Lawyer

1. Pursuant to s.68L of the Family Law Act 1975 an Independent Children’s Lawyer shall be appointed to represent the interests of the child the subject of these proceedings; X born (omitted) 1999.

2. The Legal Aid Commission of NSW is requested to make arrangements as soon as practicable to facilitate the above order,

3. Each of the parties shall within seven (7) days of any request complete and provide to the Independent Children’s Lawyer a parenting questionnaire and/or such other information as may be requested.

4. Each of the parties shall within seven (7) days (or forthwith upon filing) forward to the Legal Aid Commission (Sydney Office) copies of all any documents filed by them in these proceedings together with:

   (a)Any medical reports they hold relating to the child;

   (b)Any psychological or school counsellor or pre-school intervention reports they hold relating to the child;

   (c)Any school reports they hold for the child;

   (d)Any other documents they hold and wish the Independents Children’s Lawyer to see and/or that they intend to seek to tender to the Court or rely on in these proceedings.

5. Each of the parties shall present the child to such places and at such times and dates as are requested…