PH & SG

[2006] FamCA 574

FAMILY LAW ACT 1975

IN THE FAMILY COURT OF AUSTRALIA

AT MELBOURNE  Appeal No. SA22 of 2006

File No MLM8293 of 2005

BETWEEN:

PH

(Appellant Father)

and

SG

(Respondent Wife)

CORAM:  THE HONOURABLE JUSTICE KAY

DATE OF HEARING:          20 June 2006

DATE OF JUDGMENT:      20 June 2006

REASONS FOR JUDGMENT

APPEARANCES:

Ms Ben-Simon of Counsel, instructed by Clarke & Barwood, Lawyers, DX 250002, Colac, appeared on behalf of the appellant father.

Mr Wood of Counsel, instructed by Fogarty Lawyers, 198 Timor Street, Warrnambool, Vic 3280, appeared on behalf of the respondent mother.

PH & SG
SA22 of 2006
CORAM:  Kay J
DATE OF HEARING:           20 June 2006
DATE OF JUDGMENT:       20 June 2006

Catchwords:            EVIDENCE – Application to adduce further evidence – Non-compliance by party with filing dates – No material filed in support – Evidence likely to be contentious – Application refused.

REASONS – Inadequate reasons alleged – Where failure of recording equipment – Where document entitled ‘Reasons for judgment’ subsequently produced by Federal Magistrate from notes of proceedings – Found reasons as outlined in that document sufficient to discern basis upon which appeal was decided.

CHILDREN – Parenting – Appeal against orders of Federal Magistrate providing that children be in care of father for 10 nights out of 28 as opposed to an equal shared care arrangement as had been in place – Where shared care arrangement had been ‘imposed’ by the father on the mother – Where mother available to care for children on full time basis, preferable that they should be in her care rather than that of the paternal grandmother – Appeal dismissed.

1. This is an appeal from orders made by Connolly FM on 7 February 2006 whereby he ordered there be a shared arrangement relating to the care of the children but not on the terms that were being sought by the appellant father.  The father has filed a Notice of Appeal. 

1. On 17 May I directed that the matter be fixed for hearing today and further directed that, amongst other things, the appellant file and serve any application to lead further evidence and any material in support thereof on or before 31 May 2006 and granted the respondent the right to serve an application to lead further evidence and file material in support on or before 13 June.

1. The father has filed an application on 1 June 2006 seeking leave to give further evidence but has filed no material in support of the application.  The evidence that he outlines in his application for leave to provide is,

·    evidence as to changes in the incidence, nature and conduct of contact with the children - I have no idea what that refers to – and

·    changes in his working hours;

1. He wishes to subpoena the maternal grandmother to give evidence relating to "the incidence of her care of the children and to the respondent mother's working hours this year".

1. He seeks to subpoena the respondent mother's employers to give evidence…