FAMILY COURT OF AUSTRALIA
| RUTTLEDGE & RUTTLEDGE AND ORS | [2014] FamCA 791 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Where the paternal grandparents were the interveners – Where the interveners were not seeking any parenting orders to be made in their favour – Where the children’s interests are independently represented in these proceedings by an Independent Children’s Lawyer – Whether there is inherent unfairness to the mother if two parties, separately represented, essentially in the same interest, participate in the trial of the proceedings as parties – No basis for continued intervention |
| Evidence Act 1995 (Cth) Family Law Rules 2004 (Cth) |
| GPI Leisure Corp Limited v Herdman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 |
| APPLICANT: | Mr Ruttledge |
| RESPONDENT: | Ms Ruttledge |
| INTERVENERS: | Ms Ruttledge Snr and Mr Ruttledge Snr |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Doris Chan, Solicitor |
| FILE NUMBER: | BRC | 13255 | of | 2007 |
| DATE DELIVERED: | 15 September 2014 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | 15 September 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Middleton |
| SOLICITOR FOR THE APPLICANT: | Schultz Toomey O’Brien Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Moore |
| SOLICITOR FOR THE RESPONDENT: | C Guilfoyle & Associates |
| SOLICITOR FOR THE INTERVENERS: | Ms Farnell, Solicitor, Family Law Solutions |
Orders
It is ordered that:
1. The Interveners Mr and Ms Ruttledge Snr be removed as parties to these proceedings.
It is further ordered that:
Leave is given to the Mother’s witness Ms W to appear by electronic communication at the trial of these proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Ruttledge & Ruttledge and Ors 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 BRISBANE |
FILE NUMBER: BRC 13255 of 2007
| Mr Ruttledge |
Applicant
And
| Ms Ruttledge |
Respondent
And
| Ms Ruttledge Snr and Mr Ruttledge Snr |
Interveners
EX TEMPORE REASONS FOR JUDGMENT
Section 92 of the Family Law Act 1975 (Cth) (“the Act”) provides for persons to intervene in proceedings before the Court. Specifically, subsection (1) provides that the Court may make an order entitling a person to intervene in the proceedings.
On 5 November 2012, Mr and Ms Ruttledge Snr, the paternal grandparents of the children, the subject of these parenting proceedings, filed an Application in a Case seeking leave to intervene.
Federal Magistrate Coates (as his Honour then was) made an order on 19 November 2012 that the grandparents, that is the present interveners, have leave to intervene. In delivering reasons for that decision, his Honour said, commencing at paragraph 28:
Although the grandparents have not decided what course of action they intend taking and while, normally, I would want some further particulars, they clearly ask that they be allowed to intervene, a family report be obtained and that they [then] set out, after the release of the family report [what they will seek].
(Emphasis Added)
And at 29:
It is not unknown, unfortunately, that grandparents…
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- Ruttledge and Ruttledge and Ors [2014] FamCA 791
- Case
- [2014] FamCA 791
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CaseChat Overview and Summary
The court was required to determine two principal legal issues. Firstly, whether Mr and Ms Ruttledge Snr should be removed as parties to the proceedings. Secondly, whether leave should be granted for Ms W, a witness for the Mother, to participate in the trial via electronic communication.
The court ordered the removal of Mr and Ms Ruttledge Snr as parties to the proceedings. Furthermore, leave was granted to the Mother’s witness, Ms W, to appear by electronic communication at the trial.
Orders
Orders of the court
It is ordered that:
1. The Interveners Mr and Ms Ruttledge Snr be removed as parties to these proceedings.
It is further ordered that:
2.
Leave is given to the Mother’s witness Ms W to appear by electronic communication at the trial of these proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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