PARATA & COLE

[2014] FamCA 355

FAMILY COURT OF AUSTRALIA

PARATA & COLE	[2014] FamCA 355
FAMILY LAW – CHILDREN – Where a Notice of Discontinuance has been filed – Where the Father has expressed an intent to not participate in further parenting proceedings – Where the Independent Children’s Lawyer is discharged.
Family Law Act 1975 (Cth)

APPLICANT: Mr Parata

RESPONDENT: Ms Cole

INDEPENDENT CHILDREN’S LAWYER: Clare Dart

FILE NUMBER: ROC 313 of 2013

DATE DELIVERED: 30 May 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: 30 May 2014

REPRESENTATION

FOR THE APPLICANT: No Appearance

SOLICITOR FOR THE RESPONDENT: Mr Eaddy
David Eaddy & Co

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Dart

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid Queensland

Orders

1. The Independent Children's Lawyer be discharged.

2. Pursuant to s 33B of the Family Law Act 1975 (Cth) the property adjustment orders application filed by the Wife, be transferred to the Federal Circuit Court for determination with consideration being given to it being heard and determined in the Rockhampton Registry.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: ROC 313 of 2013

Mr Parata

Applicant

And

Ms Cole

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. In the circumstances just outlined by the Independent Children's Lawyer and the solicitor for the mother, and having regard to the content of Exhibit 1, which is:

   Dear sir,

   I will not be contesting this matter as I’m not in position to furnish any avidavids [sic] or any representation to case and cease to have anything to [do] with [the child] or her mother

2. And further, having been informed that the only parenting proceedings before the Court were those commenced by the mother, which she has now discontinued by filing a Notice of Discontinuance, I am satisfied that there are no ongoing parenting proceedings before the Court and that, accordingly, the Independent Children's Lawyer should be discharged which I do by order immediately.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Forrest delivered on 30 May 2014.

Associate: 

Date:  30 May 2014