Pieper & Jesberg (No. 3)

[2021] FamCA 58

FAMILY COURT OF AUSTRALIA

Pieper & Jesberg (No. 3) [2021] FamCA 58

File number(s):

MLC8376 of 2012

Judgment of:

BENNETT J

Date of judgment:

11 February 2021

Catchwords:

FAMILY LAW – PRACTICE & PROCEDURE – objection to production of documents on subpoena in parenting proceedings is not a matter for which the interests of the children who are the subject of the parenting proceedings is the paramount consideration – where a decision on an objection should serve, and not thwart, the best interests of the child or children concerned – where the interests of each child weighs heavily on any decision, but is not the paramount consideration.

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Farmer & Rogers [2010] FamCAFC 253

Re K [1994] FamCA 21

Number of paragraphs:

17

Date of hearing:

11 February 2021

Place:

Melbourne

Counsel for the Applicant:

In person

Counsel for the Respondent:

In person

Counsel for the Independent Children's Lawyer:

Mr Whitchurch

Solicitor for the Independent Children's Lawyer:

VM Family Lawyers

Counsel for the Interveners:

Ms Nicholson

Solicitor for the Interveners:

Legal Division, Department of Education and Training Victoria

Practitioner for the Department:

Ms Norbury

Solicitor for the Interveners:

Department of Families, Fairness and Housing

ORDERS

MLC8376 of 2012

BETWEEN:

MR PIEPER
Applicant

AND:

MS JESBERG
Respondent

INDEPENDENT CHILDREN'S LAWYER

DEPARTMENT OF EDUCATION AND TRAINING VICTORIA

DEPARTMENT OF FAMILIES, FAIRNESS AND HOUSING VICTORIA

ORDER MADE BY:	BENNETT J
DATE OF ORDER:	11 FEBRUARY 2021

THE COURT ORDERS THAT:

IT IS DIRECTED THAT:

1.The letter from the Department of Families Fairness and Housing dated 11 February 2021 be marked “Exhibit DFFH 1” and remain on the Court file.

IT IS ORDERED THAT:

2.The Objection of the Department of Education and Training filed 27 November 2020 be adjourned to a date to be fixed not earlier than a date by which the Independent Children's Lawyer has familiarised himself with the contents of the documents which are subject to subpoena for such documents to be produced.

3.Notice of any adjourned hearing date of the objection be provided to the Legal Division, Department of Education and Training, reference to Ms GG - email ...

4.My reasons for decision this day be transcribed and when settled placed on the Court file and a copy be provided to the parties.

5.For the avoidance of doubt, the therapy which the father is required to undertake pursuant to paragraph 15 of the Order made on 2 October 2020 is to include, but not be limited to, the counselling referred to by Ms FF, psychologist, in the agreement annexed to the Order made on 27 November 2020 which reads as follows: “Mr Pieper is to undertake counselling to assist him to deal with his unresolved issues and pent up frustrations and to assist in the building of boundaries about what constitutes appropriate responses to the children.”

6.Within 14 days the father provide to each other party of the proceedings details of his compliance with paragraph 15 of Order made 2 October 2020.

IT…