Owen and Halliday

[2010] FamCA 729

FAMILY COURT OF AUSTRALIA

OWEN & HALLIDAY [2010] FamCA 729

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment

APPLICANT: Mr Owen

RESPONDENT: Ms Halliday

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: PAC 509 of 2008

DATE DELIVERED: 17 August 2010

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

EX TEMPORE JUDGMENT OF: Justice Cleary

HEARING DATE: 17 August 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: CBD Legal

SOLICITOR FOR THE RESPONDENT: Verekers Lawyers

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

Orders

1. That the dates of 23, 24 and 25 August 2010 be vacated.

2. That the parties have liberty to relist on seven (7) days notice.

3. That the matter is referred to the Judicial Services Team Leader for allocation of new hearing dates.

IT IS NOTED that publication of this judgment under the pseudonym Owen and Halliday is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 509 of 2008

MR OWEN

Applicant

And

MS HALLIDAY

Respondent

REASONS FOR JUDGMENT

1. I note that the father has made an application for adjournment of proceedings due to commence on 23 August 2010.  The application is made on the basis that he is no longer legally represented.  His approach to the Legal Aid NSW for new representation unfortunately led to legal representatives who have a short time to prepare.  The relevant solicitor is unavailable on 23 August 2010.  That solicitor has made some enquiries with Legal Aid who unsurprisingly have been unable to give any guarantee that a grant would be successfully made in sufficient time for the matter to be ready to commence next Monday.

2. The other basis for the father’s application is that he will be involved in criminal proceedings with a charge of assault against him which are due to be heard in October.  It is very fairly put on his behalf that he will be at more than usual difficulty if he is an unrepresented litigant in protecting his own position due to the pending criminal proceedings.

3. From the mother’s point of view, she is understandably keen to have the matter dealt with and finalised but her solicitor tells me that she understands those kind of practical difficulties and sees some benefit in having the whole of the criminal proceedings concluded before there are final orders made about the parties’ son.

4. Accordingly, I vacate the dates of 23, 24 and 25 August 2010 and refer the matter to the Judicial Services Team Leader.  Enquiries in the Registry reveal that there are no hearing dates available for the balance of this year but in view of what Ms Weaver says about Dr R’s availability, it may be that it is not realistic to consider hearing the matter until perhaps March or April 2011 in any event.

5. I note that there is contact time taking place and the relevant contact centre is committed to at least September 2010.  In the event that either party finds a difficulty with having contact arrangements continuing at the centre then there will be liberty to relist.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cleary delivered on 17 August 2010. 

Associate:     

Date:              17 August 2010