Picano & Walkner

[2021] FCCA 1682

FEDERAL CIRCUIT COURT OF AUSTRALIA

Picano & Walkner [2021] FCCA 1682

File number(s):

CAC 865 of 2021

Judgment of:

JUDGE W J NEVILLE

Date of judgment:

25 June 2021

Catchwords:

FAMILY LAW ­ urgent parenting Application – high school enrolment for 2022­ where no Application was brought by the Applicant Father notwithstanding the fact that it was a live issue between the parties since at least August 2020 – children had been registered with Mother’s preferred school since July 2014 – issues of payment of school fees – Father did not bring any Application regarding school thereby forcing Mother to do so.  

Legislation:

Family Law Act 1975 (Cth), ss 4, 64B(2)

Federal Circuit Court of Australia Act 1999 (Cth), s 15

Cases cited:

U v U (2002) 211 CLR 238

Number of paragraphs:

38

Date of hearing:

24 June 2021

Place:

Canberra

Counsel for the Applicant:

Mr J Haddock

Solicitor for the Applicant:

Infinity Legal

Solicitor for the Respondent:

Neilan Stramandinoli Family Law

ORDERS

CAC 865 of 2021

BETWEEN:

MR PICANO

Applicant

AND:

MS WALKNER

Respondent

ORDER MADE BY:	JUDGE W J NEVILLE
DATE OF ORDER:	25 JUNE 2021

THE COURT ORDERS THAT:

1.Absent any other agreement in writing between the parties, the child, X (born: in 2009), attend B School from the commencement of Term 1, 2022 and in this regard, the parties forthwith do all things and acts necessary to enrol X at B School. Otherwise, the children shall attend C School in Suburb D for their primary school education. In this regard:

(a)Both parents shall do all things and sign all such documents as may be necessary to ensure the relevant school notes both parents as enrolling parents and emergency contact for the school and any extracurricular activities and sport.

2.The Mother’s costs in relation to the schooling Application be reserved.

THE COURT NOTES THAT:

A.Unless otherwise agreed in writing between the parties, the school fees shall be shared equally between the parties.

B.The parties are at liberty to provide a copy of the Orders to B School.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Picano & Walkner is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE W J NEVILLE:

Introduction

1. On 25^th June 2021, the Court delivered oral reasons in relation to the Orders pronounced on that day.  Literally within a minute or two of the Court adjourning following the delivery of those reasons, a request for them in writing was received from the Father’s lawyer – the lawyers for both parties and the parties themselves were present on the phone for the delivery of the reasons.  What follows is those reasons revised from the transcript.[1]

   [1] There has been some slight delay in providing the written reasons because of…