FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Saidov & Saidov (No 3) [2025] FedCFamC2F 226
File number(s): CAC 493 of 2020 Judgment of: JUDGE PARKER Date of judgment: 14 February 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – adjournment application – lawyers’ professional responsibilities – concerns as to capacity of party – adjournment granted – consequential interim parenting orders Legislation: Family Law Act 1975 (Cth) ss 60CC, 61DA, 68B, 69ZL Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27
Langley & Tarelli & Anor (No 2) (2020) FLC ¶93-963
Myron & Milson [2020] FamCAFC 151; (2020) FLC ¶93-969
Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146
Saidov & Saidov [2025] FedCFamC2F 165
Saidov & Saidov (No 2) [2025] FedCFamC2F 223
Division: Division 2 Family Law Number of paragraphs: 18 Date of hearing: 14 February 2025 Place: Adelaide Counsel for the Applicant: Ms Betro Solicitor for the Applicant: Eastern Legal Counsel for the Respondent: Mr Bowler Solicitor for the Respondent: Debra Spizzo And Associates Counsel for the Independent Children's Lawyer: Ms Fuda Solicitor for the Independent Children's Lawyer: Comley Legal ORDERS
CAC 493 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR SAIDOV
Applicant
AND: MS SAIDOV
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
14 FEBRUARY 2025
UPON NOTING THAT:
A.It is the intention of the Court that the listing of any application made during the period of the adjournment will be considered at the mention.
B.It is the intention of the Court that the further listing of the trial will be considered following the determination of any application made during the period of the adjournment, and any question as to the filing of any application to reopen and adduce further evidence will be addressed at the time when the balance of the trial is listed.
C.Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1.Ms Lee of Counsel be excused from any further participation in the final hearing of this matter.
2.Family Report Writer, Ms H, be provided a copy of the interim judgment dated 12 February 2025 to be read prior to her giving evidence.
3.All previous orders with respect to parental responsibility, time and communication be discharged.
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
4.The Father have sole parental responsibility for the children X born in 2016, Y born in 2017, and Z born in 2019 (‘the children’).
5.The children live with the Father.
6.The children spend time and…
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- Case
- [2025] FedCFamC2F 226
- Decision Date
CaseChat Overview and Summary
Judge Parker, after considering the arguments presented by both parties and the evidence provided, granted the adjournment. The Court was persuaded by the applicant’s counsel that there were legitimate concerns about Ms Saidov’s capacity to engage meaningfully in the proceedings, which necessitated further assessment. As a result of the adjournment, the Court made several interim parenting orders. Mr Saidov was granted sole parental responsibility for the three children, with the children residing with him. The mother was allowed supervised contact with the children, pending further order. Additionally, Ms Saidov was restrained from approaching the children's residence or school unless otherwise agreed upon by the parties and the Independent Children’s Lawyer. The final hearing was adjourned, and the Court set a specific deadline for any applications related to the appointment of a litigation guardian or the withdrawal of legal representatives. The costs of the hearing were reserved pending further orders.
The Court’s decision highlights the importance of ensuring that all parties in family law proceedings have the capacity to participate fully and effectively, and the Court's willingness to make necessary adjustments to accommodate such considerations.
Orders
Orders of the court
CAC 493 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR SAIDOV
Applicant
AND:
MS SAIDOV
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
14 FEBRUARY 2025
UPON NOTING THAT:
A. It is the intention of the Court that the listing of any application made during the period of the adjournment will be considered at the mention.
B. It is the intention of the Court that the further listing of the trial will be considered following the determination of any application made during the period of the adjournment, and any question as to the filing of any application to reopen and adduce further evidence will be addressed at the time when the balance of the trial is listed.
C. Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1. Ms Lee of Counsel be excused from any further participation in the final hearing of this matter.
2. Family Report Writer, Ms H, be provided a copy of the interim judgment dated 12 February 2025 to be read prior to her giving evidence.
3. All previous orders with respect to parental responsibility, time and communication be discharged.
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
4. The Father have sole parental responsibility for the children X born in 2016, Y born in 2017, and Z born in 2019 (‘the children’).
5. The children live with the Father.
6. The children spend time and communicate with the Mother at such times and upon such conditions as may be agreed by the parties and the Independent Children’s Lawyer in writing.
7. The Mother is restrained and an injunction is hereby granted restraining her from attending at or approaching within 200 metres of the children’s residence or school, save as otherwise agreed between the parties and the Independent Children’s Lawyer.
THE COURT FURTHER ORDERS THAT:
8. The further hearing of the trial is adjourned to a date to be fixed.
9. Any application made by the Mother or her legal representatives with respect to the appointment of a litigation guardian or the withdrawal of her legal representatives is to be made by no later than 4.00pm on 15 April 2025.
10. Any application with respect to the appointment of a litigation guardian must be accompanied by medical evidence in proper form.
11. The matter is listed for mention on 12 May 2025 at 9.30am via Microsoft Teams.
12. The interim hearing listed for 21 February 2025 be vacated.
13. Order 7 of the orders made 9 July 2024 be discharged.
14. The costs of the Father and the Independent Children’s Lawyer of this day be reserved.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law 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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