Spencer & Spencer

The matter of Spencer & Spencer involved an appeal by the father against several orders made by the Family Court regarding contact with their child and the conduct of the mother in relation to child-related proceedings. The primary judge had ordered that the mother’s contact with the child be limited to the exchange of letters, photos, presents, and videos, and had also restrained the mother from commencing further child-related proceedings. The father contested these orders, as well as an order for him to pay fixed costs to the mother and the Independent Children’s Lawyer.

The key legal issues before the court were whether the primary judge was correct in limiting the mother's contact with the child to non-face-to-face forms, in restraining the mother from initiating further child-related litigation, and in ordering the father to pay costs. The father argued that the mother’s complaints lacked merit and that the orders were unjust. The mother conceded that her previous applications had been unsuccessful and did not seek to challenge the primary judge’s orders.

The court held that the primary judge was justified in limiting the mother's contact to non-face-to-face forms due to her vexatious conduct and the best interests of the child. The court found that the primary judge was not only justified but perhaps compelled to impose limits on the mother’s proceedings to prevent further unnecessary litigation. The court also upheld the costs orders, noting that the father's appeal lacked merit. Additionally, the court dismissed most of the applications to adduce further evidence in the appeal, except for some documents that were adduced by consent.

The appeals were dismissed, and the father was ordered to pay the mother and the Independent Children’s Lawyer fixed costs for the period up to 29 October 2015, with additional costs to be assessed if not agreed upon for the period thereafter. Enforcement of these cost orders was stayed pending the resolution of the property settlement proceedings between the parties.