FAMILY COURT OF AUSTRALIA
| RADER & RADER AND ORS | [2019] FamCAFC 183 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – EXPEDITION – Where the father sought expedition of an appeal against orders concerning the parenting arrangement for his children – Where the parenting orders were of a drastic nature – Where the solicitor for the first respondent sought an application for the adjournment of the application for the expedition of the appeal – Where the application for an adjournment was refused – Where the father’s appeal raises substantial issues – Where it is in the best interests of the children that the issues are determined as quickly as possible – Where the application for expedition of the appeal is allowed – Where the hearing of the appeal is expedited. |
| Family Law Rules 2004 (Cth) r 12.10A |
| APPLICANT: | Mr Rader |
| FIRST RESPONDENT: | Ms Rader |
| SECOND RESPONDENTS: | Ms Haines and Mr Haines |
| INDEPENDENT CHILDREN’S LAWYER: | Morton Family Lawyers |
| FILE NUMBER: | SYC | 1641 | of | 2019 |
| APPEAL NUMBER: | EA | 99 | of | 2019 |
| DATE DELIVERED: | 24 October 2019 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Aldridge J |
| HEARING DATE: | 10 October 2019 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 13 September 2019 |
| LOWER COURT MNC: | [2019] FCCA 2825 [2019] FCCA 2826 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Gillies SC with Ms Reid |
| SOLICITOR FOR THE APPLICANT: | Lander & Rogers |
SOLICITOR FOR THE FIRST RESPONDENT: | Bowral Legal |
| SOLICITOR FOR THE SECOND RESPONDENTS: | Godden Lawyers |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Morton Family Lawyers |
Orders
The oral application for an adjournment by the first respondent on 10 October 2019 be dismissed.
The hearing of the appeal no. EA 99 of 2019 is expedited.
Appeal no. EA 99 of 2019 be listed for hearing on 15 November 2019.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Rader & Rader and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 99 of 2019
File Number: SYC 1641 of 2019
| Mr Rader |
Applicant
and
| Ms Rader |
First Respondent
and
Ms Haines and Mr Haines
Second Respondents
REASONS FOR JUDGMENT
This is an application made by Mr Rader (“the father”) seeking expedition of an appeal against orders made by a judge of the Federal Circuit Court of Australia on 13 September 2019.
The proceedings before the primary judge concerned the parenting arrangements for two children who are 13 and 14 years old.
As originally constituted, the proceedings were…
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- Case
- [2019] FamCAFC 183
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the reasons provided by the first respondent were sufficient to warrant an adjournment. The primary legal issues involved the principles of judicial discretion in managing court listings, the impact of potential delays on the efficiency of the court system, and the rights of all parties to a fair and timely resolution of their disputes. The court also had to consider the balance between the need for procedural fairness and the overarching public interest in the expeditious resolution of legal matters.
The court dismissed the application for an adjournment, emphasising the importance of maintaining the integrity and efficiency of the judicial process. The court found that the reasons provided did not sufficiently justify the delay requested by the first respondent. Furthermore, the court noted that the other parties would be prejudiced by an unnecessary extension of the timeline. Consequently, the court expedited the hearing of the appeal and scheduled it for 15 November 2019, ensuring that the matter would be resolved in a timely manner. The orders reflect the court’s commitment to ensuring that all parties receive a fair and timely resolution of their disputes, while also upholding the efficiency of the judicial system.
Orders
Orders of the court
1.
The oral application for an adjournment by the first respondent on 10 October 2019 be dismissed.
2.
The hearing of the appeal no. EA 99 of 2019 is expedited.
3.
Appeal no. EA 99 of 2019 be listed for hearing on 15 November 2019.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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