Re: Imogen

[2020] FamCA 393

FAMILY COURT OF AUSTRALIA

RE: IMOGEN [2020] FamCA 393

FAMILY LAW – CHILDREN – Medical Procedures – Where the Australian Human Rights Commission apply for leave to intervene in the proceedings – Leave granted.

Australian Human Right’s Commission Act 1986 (Cth)
Family Law Act 1975 (Cth)

APPLICANT: Australian Human Rights Commission

RESPONDENT: The father

RESPONDENT: The mother

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER:  By Court Order File Number is suppressed

DATE DELIVERED: 14 May 2020

JUDGMENT OF: Watts J

HEARING DATE: 14 May 2020

REPRESENTATION

By Court Order the solicitor’s names have been suppressed

Orders

1. The Australian Human Right’s Commission be granted leave to intervene in these proceedings pursuant to s 92(1) Family Law Act 1975 (Cth) and as a function of s 11(1)(o) Australian Human Right’s Commission Act 1986 (Cth).

2. The Australian Human Right’s Commission is to file and serve written submissions on or before 17 July 2020.

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 Re: Imogen 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).

FAMILY COURT OF AUSTRALIA

Australian Human Rights Commission

Applicant

And

The father

Respondent

And

The mother

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. On 28 February 2020 I requested the Australian Human Right’s Commission to apply for leave to intervene in these proceedings.

2. On 29 April 2020 the Australian Human Right’s Commission made an application to be granted leave to intervene in these proceedings.

3. The father, the mother and the ICL did not oppose the Australian Human Right’s Commission leave to intervene.

4. Whilst I had dispensed with rule 6.05 Family Law Rules, the President of the Australian Human Right’s Commission filed an affidavit in support of the application for leave indicating that it wished to intervene on the basis that it file written submissions and if the court requests, make oral submissions. The President indicated that the Commission was of the view that the current proceedings involved human rights issues.

5. It is appropriate that an order shall be made that the Australian Human Right’s Commission be granted leave to intervene in these proceedings pursuant to s 92(1) Family Law Act 1975 (Cth) and as a function of s 11(1)(o) Australian Human Right’s Commission Act 1986 (Cth).

6. The Australian Human Right’s Commission is to file and serve written submissions on or before 17 July 2020.

I certify that the preceding six (6) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 14 May 2020

Associate: 

Date:  14 May 2020