Pachris & Tajir (No 2)

[2023] FedCFamC1A 229

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Pachris & Tajir (No 2) [2023] FedCFamC1A 229

Appeal from:	Pachris & Tajir (No 2) [2022] FedCFamC2F 1296
Appeal number(s):	NAA 232 of 2022
File number(s):	PAC 3726 of 2021
Judgment of:	ALDRIDGE J
Date of judgment:	13 December 2023
Catchwords:	FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Applicant seeks adjournment until after criminal proceedings finalised – Applicant submits appeal will prejudice his criminal proceedings – No further cross-examination or re-examination on appeal – But for an application to adduce further evidence the appeal would already have been heard – Other parties entitled to have the appeal heard expeditiously – Not in the best interests of the children to grant a further adjournment – Application refused.
Number of paragraphs:	16
Date of hearing:	13 December 2023
Place:	Sydney
The Applicant:	Litigant in person
Counsel for the Respondent:	Ms Tabbernor
Solicitor for the Respondent:	Santo Family Lawyers
Counsel for the Independent Children's Lawyer:	Ms Conte-Mills
Solicitor for the Independent Children's Lawyer:	Harb Lawyers

ORDERS

NAA 232 of 2022
PAC 3726 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR PACHRIS

Applicant

AND:

MS TAJIR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	ALDRIDGE JJ
DATE OF ORDER:	13 DECEMBER 2023

THE COURT ORDERS THAT:

1.The application for an adjournment is refused.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Pachris & Tajir has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE
REASONS FOR JUDGMENT

ALDRIDGE J:

1. Listed before the Court today is the hearing of an appeal against parenting orders made by a judge of the Federal Circuit and Family Court of Australia (Division 2) on 28 September 2022. That is some 15 months ago. The applicant, who is acting for himself today because earlier this morning his solicitors were given leave to withdraw because their instructions had been withdrawn, seeks an adjournment of the appeal until after his criminal proceedings are concluded. That is not likely to be before November 2024, although the applicant does not know the exact date on which the trial is likely to be held.

2. In order to understand the application, it is necessary to set out a short amount of background material.

3. One of the key issues determined by the primary judge was a sexual interaction that took place between the parties, which the respondent asserted was anal intercourse without her consent. There was in evidence a recording of…