Strahan and Strahan (No. 3)

[2008] FamCA 490

FAMILY COURT OF AUSTRALIA

STRAHAN & STRAHAN (NO. 3) [2008] FamCA 490

FAMILY LAW – PRACTICE AND PROCEDURE – Case management orders

APPLICANT: Mr Strahan

RESPONDENT: Mrs Strahan

INDEPENDENT CHILDREN’S LAWYER: Ann Bills

FILE NUMBER: ADF 228 of 2005

DATE DELIVERED: 27 June 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 27 June 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Ackman QC with
Mr Berman

SOLICITOR FOR THE APPLICANT: Robinson and Mason

COUNSEL FOR THE RESPONDENT: Ms Pyke QC and
Mr Holland

SOLICITOR FOR THE RESPONDENT: Pederick Lawyers

INDEPENDENT CHILDREN’S LAWYER

COUNSEL:

Mrs West

INDEPENDENT CHILDREN’S LAWYER

SOLICITOR:

Ann Bills & Associates

Orders

1. That by 4:00pm on 18 July 2008 the wife file and serve responding documents to the husband’s Application in a Case filed on 20 June 2008.

2. That any application by the wife in relation to funding be filed and served by 4:00pm on 18 July 2008.

3. That any application by the Independent Children’s lawyer in relation to funding be filed and served by 4:00pm on 18 July 2008.

4. That the Application in a Case filed by the husband on 20 June 2008 be adjourned to 9:00am on 28 July 2008.

5. That the proceedings generally, but particularly in relation to the issue of the single expert witness’s report be adjourned to 9:30am on 19 August 2008.

6. That leave is granted to the husband’s senior counsel and Ms E to attend the adjourned hearings by way of telephone.

IT IS NOTED that publication of this judgment under the pseudonym Strahan and Strahan is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 228 of 2005

MR STRAHAN

Applicant

And

MRS STRAHAN

Respondent

EX TEMPORE REASONS

1. This matter is before me today on a number of bases.  Firstly it was adjourned from 24/4/08 to have a further update as to the progress of the report of Ms E the single expert witness.  In the meantime though there has been an application in a case filed by the husband on 20 June 2008 in relation to child issues and also a passport issue. 

2. In relation to Ms E’s report although there has been the provision of further documents by the husband, there has now been further requests by Ms E, particularly of the husband for even more documents and also some questions put to the husband through his solicitors.  Apparently it will take some five weeks for the documents requested to be collated and forwarded to Ms E.  The questions can also be answered in that timeframe. 

3. There is one outstanding issue for the wife and that is in relation to financial statements as opposed to tax returns in relation to her trust and I am told that those financial statements will be made available to Ms E forthwith. 

4. On the assumption that the five week timeframe is complied with Ms E tells me that she will be in a position by mid-August to know whether there is any further documents she needs and any further line of enquiries that she needs to pursue and any further questions that she needs to ask.  At this stage though it will be unlikely that her report will be available before the end of October. 

5. As I said earlier I am not prepared to let the matter simply proceed on the basis that further documents are sought and further questions are asked without knowing where that might lead so I want this matter back before me in mid-August once Ms E has had a chance to assess the documents and the answers to the questions that she is now putting and at that time I will address what further might be required and also what timeframe might be involved.  Thus, I propose to adjourn that aspect of the matter to 19 August 2008.

6. In relation to the Application in a Case filed by the husband time needs to be given to the wife to respond to that and also for the Independent Children’s Lawyer to assess her position.  Thus I propose to adjourn that application to a directions hearing on 28 July 2008.  That directions hearing will be with a view to identifying the issues, whether there is any common ground, whether there is another course that can be adopted rather than having an interim hearing, whether there is a need to involve or whether there is time to involve a psychologist Dr C who it has now been agreed will be instructed as the single expert witness in this case in relation to the child issues and setting the matter down for hearing if necessary.  I can indicate that the first date that I have available for that is 24 October 2008 and I will pencil that in my docket at this stage. 

7. Separate to that the wife has again foreshadowed an application in relation to her funding and I understand that there will be an application made and it will be filed within the next 2 to 3 weeks but certainly in time for that to be given a return date of 28 July 2008 so that that matter can be addressed at that directions hearing.  If necessary time needs to be set aside for the hearing of that application and hopefully that can be done on the same date as I have in mind for the husband’s application in a case. 

8. In addition there may be an issue in relation to the funding of the Independent Children’s Lawyer and if there is then I would expect an application in that regard such that that can have a return date as well on 28 July 2008 and that can be factored into the hearing time that needs to be allocated to all outstanding issues.

I certify that the preceding 8 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered 27 June 2008.

Associate