FEDERAL CIRCUIT COURT OF AUSTRALIA
| PANERA & SLIEDELL | [2017] FCCA 1573 |
| Catchwords: FAMILY LAW – Procedural – Application to discharge Regulation 7 Family Report writer is dismissed – update report interviews to be re-instated – raised apprehension of bias – mediations discussed at family report interviews – a document provided to report writer in family report interview. |
| Legislation: Family Law Act 1975 (Cth), ss.10J, 10H, 11A, 11C, 62G(2), 69ZN Federal Circuit Court Rules 2001 (Cth), rr.15.06AA & 15.07 |
| Cases cited: Dasreef Pty Limited v Nawaf Hawchar (2011) 243 CLR 588 Makita (Aust) Pty Limited v Sprowles (2001) 52 NSWLR 705 Sydney Wide Distributers Pty Ltd v Red Bull Australia Pty Ltd (2002) 55 IPR 354 |
| Applicant: | MR PANERA |
| Respondent: | MS SLIEDELL |
| File Number: | SYC 866 of 2013 |
| Judgment of: | Judge Kemp |
| Hearing date: | In Chambers |
| Date of Last Submission: | 27 March 2017 |
| Delivered at: | Sydney |
| Delivered on: | 10 July 2017 |
REPRESENTATION
| Solicitors for the Applicant: | Brennan Tipple Partners |
| Solicitors for the Respondent: | CBD Legal |
| Solicitors for the Independent Children's Lawyer: | Legal Aid Commission of NSW |
THE COURT ORDERS THAT:
The mother’s application in a case filed 20 February 2017 is dismissed.
The matter is listed on 14 December 2017 at 9.30am for callover.
THE COURT DIRECTS THAT:
A copy of these orders and reasons for judgment be provided to Ms L by the Independent Children’s Lawyer no later than 7 days prior to any re-scheduled family report interviews.
THE COURT REQUESTS THAT:
Ms L re-instate her family report interviews as soon as practicable so as to provide an updated family report.
IT IS NOTED that publication of this judgment under the pseudonym Panera & Sliedell is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYC 866 of 2013
| MR PANERA |
Applicant
And
| MS SLIEDELL |
Respondent
REASONS FOR JUDGMENT
Introduction
This matter concerns a parenting application in respect of the parties’ child, X, born (omitted) 2010 (“the child”), currently aged 6 years.
On 30 July 2015, the Court made interim parenting orders to the effect that the child live with the mother and spend defined time with the father and adjourned the matter for a final parenting hearing scheduled to commence on 4 July 2016.
On 14 June 2016, the Court made a Chambers order, at the request of the Independent Children’s…
Continue reading PANERA & SLIEDELL
Sign in free to access the full text
- AGLC
- PANERA & SLIEDELL [2017] FCCA 1573
- Case
- [2017] FCCA 1573
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the mother had established sufficient grounds to warrant a variation of the existing parenting orders. This required the court to consider the best interests of the children as the paramount consideration, in accordance with the *Family Law Act 1975* (Cth).
Judge Kemp dismissed the mother's application. The reasons for judgment, which are to be provided to Ms L by the Independent Children’s Lawyer, indicate that the court found no compelling reason to alter the current arrangements. The court requested that Ms L reinstate her family report interviews as soon as practicable to provide an updated report, and the matter was listed for a callover on 14 December 2017.
Orders
Orders of the court
1.
The mother’s application in a case filed 20 February 2017 is dismissed.
2.
The matter is listed on 14 December 2017 at 9.30am for callover.
THE COURT DIRECTS THAT:
3.
A copy of these orders and reasons for judgment be provided to Ms L by the Independent Children’s Lawyer no later than 7 days prior to any re-scheduled family report interviews.
THE COURT REQUESTS THAT:
4.
Ms L re-instate her family report interviews as soon as practicable so as to provide an updated family report.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.