RAITHBY & MOXHAM (No.3)

[2020] FCCA 3606

FEDERAL CIRCUIT COURT OF AUSTRALIA

RAITHBY & MOXHAM (No.3) [2020] FCCA 3606

Catchwords:
FAMILY LAW – Parenting – short form Reasons.

Legislation:

Family Law Act 1975 (Cth), s.69ZL

Applicant: MS RAITHBY

Respondent: MR MOXHAM

File Number: BRC 14046 of 2018

Judgment of: Judge Howard

Hearing date: 16 November 2020

Date of Last Submission: 16 November 2020

Delivered at: Brisbane

Delivered on: 16 November 2020

REPRESENTATION

Counsel for the Applicant: Mr Mylne

Solicitors for the Applicant: Whitehead Crowther Lawyers

The Respondent attending as a self-represented litigant.

Solicitors for the Independent Children's Lawyer: Smithson Lawyers

ORDERS

1. That this matter remains adjourned for Mention to 9:30a.m. on 27 January 2021 in the Federal Circuit Court of Australia at Brisbane.

IT IS NOTED that publication of this judgment under the pseudonym Raithby & Moxham (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 14046 of 2018

MS RAITHBY

Applicant

And

MR MOXHAM

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

A.These reasons were delivered ex tempore on 16 November 2020 and have been settled and corrected for grammatical errors in order to convey the precise intention of the Court. These Reasons have to be read in conjunction with earlier Reasons (21 October 2020 and 26 May 2020) and with the transcript of 16 November 2020 and 21 October 2020. Further, these reasons were delivered in short-form in accordance with s.69ZL of the Family Law Act 1975 (“the Act”).

1. Short form Reasons are provided there.  The Reasons will be apparent from the transcript.  The matter will be dealt with further when there is a psychiatric assessment.  This matter will be adjourned to a date to be fixed for further interim hearing.

2. There is an order for supervision in place.  The maternal grandmother says she is available to supervise.  The maternal grandmother has previously been assessed as a suitable supervisor by the Independent Children’s Lawyer.  That will ameliorate the risks that have been identified.  I have given Reasons – I rely on previous Reasons that I have given in this matter (on earlier dates) and these again are in short form (section 69ZL of the Family Law Act 1975 (Cth)). Further Reasons will be apparent from the transcript.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Howard

Date: 27 January 2021