Stankic and Cagnani & Anor

[2016] FamCA 1002

FAMILY COURT OF AUSTRALIA

STANKIC & CAGNANI AND ANOR [2016] FamCA 1002

FAMILY LAW – PRACTICE AND PROCEDURE – Where leave is sought by the wife to inspect a Federal Circuit Court file – Where the parties to the Federal Circuit Court proceedings include the husband’s brother – Where the husband’s brother objects to leave being granted – Whether the Family Court has jurisdiction to grant leave to inspect a Federal Circuit Court file – Where the Court finds legislative amendments to the administration of the courts does not affect their judicial independence – Where the Court finds it appropriate for leave to be sought from the Federal Circuit Court instead – Application dismissed.

Courts Administration Legislation Amendment Act 2016 (Cth)
Family Law Act 1975 (Cth)
Federal Circuit Court of Australia Act 1999 (Cth) ss 5, 8, 89(1), 96A
Family Law Rules 2004 (Cth) r 24.13
Federal Circuit Court Rules 2001 (Cth) r 2.08

Echlin & Kagan [2011] FMCAfam 272

APPLICANT: Ms Stankic

FIRST RESPONDENT:	Mr L Cook
SECOND RESPONDENT	Mr Cagnani

INDEPENDENT CHILDREN’S LAWYER: Ms Baker

FILE NUMBER: SYC 5204 of 2013

DATE DELIVERED: 24 November 2016

PLACE DELIVERED: Parramatta

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: In chambers by way of written submissions

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Macpherson & Kelley Lawyers

SOLICITOR FOR THE FIRST 

RESPONDENT:

AJL Legal

SOLICITOR FOR THE SECOND

RESPONDENT:

Vizzone Ruggero Twigg Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Peter Baker Solicitor

Orders

1. The wife’s application for leave to inspect the Federal Circuit Court file of Morton & Cook, file number SYC3710/2013, is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Stankic & Cagnani and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5204 of 2013

Ms Stankic

Applicant

And

Mr L Cook

First Respondent

And

Mr Cagnani

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns an application by Ms Stankic (“the wife”) for leave to inspect a file held by the Federal Circuit Court of Australia in the matter of Morton & Cook, file number SYC3710/2013 (“the Federal Circuit Court proceedings”). The application is consented to by Ms Morton, who was the applicant in the Federal Circuit Court proceedings. The application is, however, opposed by Mr L Cook (“the first respondent”), who was the respondent in the Federal Circuit Court proceedings.

2. The circumstances in which the application to inspect the Federal Circuit Court file has been made is that, subsequent to the breakdown of her…