RADER & RADER (No.2)

[2019] FCCA 2668

FEDERAL CIRCUIT COURT OF AUSTRALIA

RADER & RADER (No.2) [2019] FCCA 2668

Catchwords:
FAMILY LAW – Adjournment application – application dismissed.

Applicant: MS RADER

First Respondent: MR RADER

Second Respondents: MS HAINES & MS HAINES

File Number: SYC 1641 of 2019

Judgment of: Judge B Smith

Hearing date: 13 September 2019

Date of Last Submission: 13 September 2019

Delivered at: Sydney

Delivered on: 13 September 2019

REPRESENTATION

Counsel for the Applicant: Ms Mahony

Solicitors for the Applicant: Bowral Legal

The First Respondent appeared in person

The Second Respondents appeared in person

Solicitors for the Independent Children's Lawyer:

Morton Family Lawyers Ms Morton

ORDERS

1. The oral application made by the first respondent in Court today for an adjournment be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Rader & Rader (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 1641 of 2019

MS RADER

Applicant

And

MR RADER

First Respondent

And

MS HAINES & MS HAINES

Second Respondents

ORAL REASONS FOR JUDGMENT

1. This matter is listed before the Court today for interim hearing.  The matter has a long history, despite being only started six months ago. 

2. It involves the safety and welfare of children.  I have preliminary material before me which give me concern as to their current welfare and safety. 

3. In those circumstances, I think that since the guiding principle for this court is always the best interests of the children, and since the first of the two twin pillars is to protect them from emotional and/or physical risk, where I am satisfied there is a prima facie issue of risk to the children, I cannot, in accordance with the overriding or paramount principle, adjourn the matter and must hear the matter today to the extent that I can do so.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge B Smith

Associate: 

Date: 3 October 2019