Sachar & Kalita (No 2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

Sachar & Kalita (No 2) [2021] FCCA 1468

File number:

MLC 5428 of 2018

Judgment of:

JUDGE W J NEVILLE

Date of judgment:

2 July 2021

Catchwords:

FAMILY LAW ­ Property proceedings transferred to Family Court on first day of Hearing ­ In parenting proceedings Applicant failed to comply with Orders to file submissions despite being on notice that the matter may proceed on an undefended basis if he did not file his material — Orders as sought by the Respondent made on an undefended basis and as in the best interests of the children — Litigation has been protracted and increasingly inefficiently conducted by the Applicant which is contrary to both proper and efficient case management principles and particularly now a waste of the scarce public resources of the Court.  

Legislation:

Family Law Act 1975 (Cth), ss 69ZW, 102NA

Federal Circuit Court Rules 2001, r, 13.03B(1)

Cases cited:

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Number of paragraphs:

30

Date of last submission/s:

23 April 2021

Date of hearing:

6, 7, 8 October 2020 & 29 January 2021

Place:

Canberra

Solicitor for the Applicant:

Self-Represented

Solicitor for the Respondent:

Legal Aid ACT

Counsel for the Respondent:

Mr G Stagg

Solicitor for the Independent Children's Lawyer:

Dillon-Smith Lawyers

ORDERS

MLC 5428 of 2018

BETWEEN:

MR SACHAR

Applicant

AND:

MS KALITA

Respondent

ORDER MADE BY:	JUDGE W J NEVILLE
DATE OF ORDER:	2 JULY 2021

THE COURT ORDERS THAT:

1.All previous orders be discharged.

2.The Respondent Mother (‘the Mother’) have sole parental responsibility for the children:

(a)W born in 2009;

(b)X born in 2010;

(c)Y born in 2012; and

(d)Z born in 2013 (‘the children’).

3.The children live with the Mother.

4.An injunction pursuant to section 68B of the Family Law Act 1975 (‘the FLA’) issue restraining the Applicant Father (‘the Father’) from contacting, attempting to contact, locating or attempting to locate or otherwise approaching the Mother or any of the children.

5.Pursuant to section 11 of the Australia Passports Act 2005 (Cth) this order acts as express authority for the Respondent Mother to:

(a)Obtain passports for the children W born in 2009, X born in 2010, Y born in 2012 and Z born in 2013 (‘the children’) without the written consent of the Applicant Father; and

(b)The Respondent Mother is permitted to travel internationally with each of or all of the children.

6.The Independent Children’s Lawyer be discharged.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Sachar & Kalita (No 2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE W J NEVILLE:

1. This parenting matter involves four children: W (born: 2009), X (born: 2010), Y (born: 2012) and Z (born: 2013).

2. Over the two and…