Rees & Stroud

[2021] FamCA 397

FAMILY COURT OF AUSTRALIA

Rees & Stroud [2021] FamCA 397   

File number(s):

MLC 1462 of 2021

Judgment of:

MCEVOY J

Date of judgment:

8 June 2021

Catchwords:

FAMILY LAW – CHILDREN – Rice & Asplund threshold issue – Where final parenting orders were made by consent in July 2018 after a 2014 trial before Cronin J – where the mother seeks to re-contest parenting orders on the basis of changed circumstances – where the father denies any material change in circumstances where the mother argues there has been a significant passage of time, that she has not seen the child in three years, that her mental health has improved and that she has moved closed to the child’s school – where the father argues that the mother has not discharged the burden of establishing a sufficiently serious and significant change of circumstances – where the mother failed to demonstrate any material change of circumstances – mother’s application dismissed

FAMILY LAW – COSTS – where the father seeks costs against the mother or alternatively the solicitor – orders made for further material to be filed in support of application for costs

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Lancet & Deaves [2012] FamCAFC 36
Makita (Aust.) v Sprowles (2001) 52 NSWLR 705
Rice v Asplund (1979) FLC 90-725; [1978] FamCA 84

Waldon & Cooper [2020] FamCA 104

Number of paragraphs:

26

Date of hearing:

8 June 2021

Place:

Melbourne

Counsel for the Applicant:

Ms Rothschild

Solicitor for the Applicant:

Ms Rothschild

Counsel for the Respondent:

Mr Testart

Solicitor for the Respondent:

Brain Family Law

ORDERS

MLC 1462 OF 2021

BETWEEN:

MS REES

Applicant

AND:

MR STROUD

Respondent

ORDER MADE BY:	MCEVOY J
DATE OF ORDER:	8 JUNE 2021

THE COURT ORDERS THAT:

1.The applicant mother’s amended initiating application filed 11 May 2021 is hereby dismissed.

2.Within 14 days the respondent father may file and serve any further material he wishes to rely upon, including any affidavit material and/or written submissions, in respect of his costs application filed 27 April 2021.

3.Within 30 days Ms Rothschild, the applicant mother’s solicitor, may file and serve any further material she wishes to rely upon, including any affidavit material and/or written submissions, in respect of the costs application made by the respondent father filed 27 April 2021.

4.Within 45 days the applicant mother may file and serve any further material she wishes to rely upon, including any affidavit material and/or written submissions, in respect of the costs application made by the respondent father filed 27 April 2021.

5.The respondent father’s costs application is adjourned to the judicial duty list on 13 September 2021 before the Honourable Justice McEvoy.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02