Sebastian & Sebastian (No 2)

[2012] FamCA 706

FAMILY COURT OF AUSTRALIA

SEBASTIAN & SEBASTIAN (NO. 2) [2012] FamCA 706

FAMILY LAW – PRACTICE & PROCEDURE  – Order for witnesses to be out of court -  Evidence not to be discussed with or to be communicated to others

Family Law Act 1975 (Cth)

APPLICANT: Ms Sebastian

RESPONDENT: Mr Sebastian

FILE NUMBER: MLC 6522 of 2010

DATE DELIVERED: 20 August 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Young J

HEARING DATE: 20 August 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Geddes QC with Ms Johns

SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes

COUNSEL FOR THE RESPONDENT: Mr North SC with Mr Gates

SOLICITOR FOR THE RESPONDENT: Moores Legal

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sebastian & Sebastian 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 MELBOURNE

FILE NUMBER: MLC 6522 of 2010

Ms Sebastian

Applicant

And

Mr Sebastian

Respondent

REASONS FOR JUDGMENT

1. It goes without saying that – in fact, what I will do, without any reference to any person – I will make an order that all witnesses are to be excluded from this court room and the vicinity of the court room until they have given their evidence and, unless leave of the court is obtained, no evidence of any matter discussed or raised in Court is to be conveyed to any other person, save as authorised by me or agreed to by Senior Counsel and the lawyers for both parties ‑ to give them some discretion of approaching other persons or witnesses for instructions. 

2. I am not saying that I find the husband was texting anyone while seated in the back of the Court alongside his bookkeeper, but across the board what is said in this Court during the trial is private and is not to be passed on to others.  I so order.  I record the transcript time is 3.23 p.m. 

3. My associate will order a transcript of what I have now directed and I will make copies available to everyone. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Young delivered on 20 August 2012.

Associate: 

Date: