Randwick & Anor & Keefe

[2012] FamCA 752

FAMILY COURT OF AUSTRALIA

RANDWICK AND ANOR & KEEFE AND ANOR [2012] FamCA 752

FAMILY LAW – WARRANT – Application seeking the issue of a warrant for the respondent’s arrest for failure to comply with orders to attend Court

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

APPLICANTS: Mr Randwick and Ms Randwick

FIRST RESPONDENT: Ms Keefe

SECOND RESPONDENT: Mr T Randwick

INDEPENDENT CHILDREN’S LAWYER: Andrew Webb Family Law

FILE NUMBER: MLC 8505 of 2011

DATE DELIVERED: 14 August 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Macmillan J

HEARING DATE: 14 August 2012

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Ms Jenkinson

SOLICITOR FOR THE FIRST APPLICANTS: BJT Legal

COUNSEL FOR THE FIRST RESPONDENT: No appearance

SOLICITOR FOR THE FIRST RESPONDENT: N/A

COUNSEL FOR THE SECOND RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT: N/A

IT IS ORDERED THAT

1. The Contravention Application filed 22 June 2012 be adjourned for hearing in the Judicial Duty List at 10:00am on 12 September 2012.

2. A warrant issue authorising and directing the Marshal, all members of the Australian Federal Police and all officers of the Police Forces of all the States and Territories of the Commonwealth of Australia to arrest Ms Keefe of … in the State of Victoria … and the said Ms Keefe is to be released from custody upon compliance with the condition that she enter into a Bond to attend the further hearing of this matter on 12 September 2012.

3. All questions of costs be reserved.

4. The engrossment of the order be expedited forthwith.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth) this matter reasonably required the attendance of counsel.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Randwick & Keefe has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8505 of 2011

Mr Randwick

First Applicant

Ms Randwick

Second Applicant

And

Ms Keefe

Respondent

REASONS FOR JUDGMENT

1. I have before me today an Application for Contravention filed by the paternal grandparents on 22 June 2012.  It alleges a number of breaches of interim orders that were made by Federal Magistrate Harman on 21 February 2012.  That order provides that, subject to the remainder of the orders, that the child, H, who was born on in April 2006 (“the child”), shall spend time with her paternal grandparents, Mr Randwick and Ms Randwick, each Sunday, save the last Sunday of each calendar month, from 10.00 am until 4.00 pm, and from 2.00 pm to 4.00 pm on the child’s birthday. 

2. The matter was listed for hearing on the first occasion on 31 July 2012.  A number of attempts had been made to bring the matter to the mother’s attention, but she did not attend on that date.  On 31 July, I made an order adjourning the matter for further hearing on 14 August 2012 and requiring the mother to attend personally on that date. I also made orders for service of the documents, which included the contravention application filed on 22 June 2012, the affidavit sworn by the paternal grandmother on 20 June 2012, and affidavits sworn by Sarah Edwards, the applicant’s solicitor, on 9 and 25 July 2012, a copy of my Orders of that date and a letter addressed to the mother advising her that if she failed to attend the hearing today, an application might be made to the Court for the issue of a warrant for her arrest.

3. The documents were served upon the mother by prepaid post at Property W and her sister, Ms C Keefe, by prepaid post at Property T, together with a covering letter, requesting the documents be forwarded to the mother. I have, today, an affidavit sworn by Ms S on 8 August 2012, confirming that on 6 August, a letter was sent to the mother at Property W. 

4. The affidavit of Ms S deposes that she forwarded the documents to the mother at Property W by pre-paid post on 6 August 2012 and also, on the same date, forwarded by pre-paid post the same documents to her sister, Ms C Keefe, at Property T.  The mother has been called and she does not make any appearance today.  An application has now been made that I issue a warrant to ensure her attendance at the Court on the next occasion.  I note that on 31 July 2012 I ordered her to attend personally today, and that she has failed to do so. 

5. I do, in all of the circumstances, propose to issue a warrant on the basis that the mother will be released upon the condition that she signs a bond to attend on the next hearing date, and I propose to adjourn the matter to the Judicial Duty List on 12 September 2012.  I also note that I have raised some issues with respect to the contravention application.  Those are matters upon which, no doubt, submissions will be made on the next occasion.  But as it stands, the contravention application has been made by the applicants, they wish to proceed with that application, and the mother has failed to comply with my order that she attend today.

6. In those circumstances, I will make the necessary orders and adjourn the contravention application to the next Judicial Duty List.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Macmillan delivered on 14 August 2012.

Associate: 

Date:  3 September 2012