Strahan and Strahan (No. 5)

[2008] FamCA 581

FAMILY COURT OF AUSTRALIA

STRAHAN & STRAHAN (NO. 5) [2008] FamCA 581

FAMILY LAW – PROCEDURAL – Case management orders

APPLICANT: MR STRAHAN

RESPONDENT: MS STRAHAN

INDEPENDENT CHILDREN’S LAWYER: ANN BILLS

FILE NUMBER: ADF 228 of 2005

DATE DELIVERED: 28 July 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 28 July 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Ackman QC with
Ms McMillan and
Mr Berman

SOLICITOR FOR THE APPLICANT: Robinson and Mason

COUNSEL FOR THE RESPONDENT: Mr Holland

SOLICITOR FOR THE RESPONDENT: Pederick Lawyers

COUNSEL FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Mrs West

SOLICITOR FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Ann Bills & Associates

Orders

1. That within seven [7] days the husband’s solicitors provide to the wife’s solicitors and the Independent Children’s Lawyer with a copy to my associate a document setting out in precise detail the full extent of the orders that the husband seeks in relation to the child S.

2. That by 4:00pm on 18 August 2008 the husband file and serve responding documents to the Application in a Case filed by the wife on 18 July 2008.

3. That the financial statements filed by the wife on 18 July 2008 and 21 July 2008 respectively be uplifted and returned to the wife’s solicitors.

4. That within forty-eight [48] hours the wife’s solicitors file and serve a financial statement of the wife.

5. That the Application in a Case filed by the husband on 20 June 2008 and the Response filed by the wife on 18 July 2008 be adjourned to 8:15am on 11 August 2008 with a time estimate of one [1] hour.

6. That the Application in a Case filed by the wife on 18 July 2008 be listed for hearing at 10:00am on 23 September 2008 with a time estimate of two [2] days.

7. That the Application in a Case filed by the Independent Children’s Lawyer on 13 December 2007 be listed for hearing at 10:00am on 23 September 2008.

8. That the Application in a Case filed by the husband on 20 June 2008 and the Response filed by the wife on 18 July 2008 be listed for hearing at 10:00am on 24 October 2008 with a time estimate of one [1] day.

9. That in relation to the issue of what documents are to go to Dr C in the event that he is to do an interim report each party and the Independent Children’s Lawyer is to file and serve a list of such documents by 4:00pm on 7 August 2008.

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

MS STRAHAN

Respondent

EX TEMPORE REASONS

1. The applications before me today are firstly the husband’s application filed on 20 June 2008 to which the wife has now responded by her response filed on 18 July 2008.  That relates primarily to child issues.  That matter is proceeding, however issues have been raised as to whether there should be an interim report obtained by the expert that has now been agreed to for the purposes of this case namely Dr C, and if there is to be a report as to what documents should be provided to Dr C for the purpose of him completing such a report. 

2. The proposal is that each party provide to the other a list of the documents that they each say should go to Dr C on the assumption that there is to be a report but I am told that the husband has already sent through his solicitors a list of such documents to the wife’s solicitors some 10 days ago and it is now in the hands of the wife and her legal representatives to respond to that and set out what documents she proposes go to Dr C.  Mr Holland though still needs to clarify his instructions as does Mr Ackman as to whether there should in fact be an interim report. 

3. I propose to adjourn the application and the response to enable time for those lists to be exchanged and instructions taken, and on the adjourned date I will make appropriate orders.  The date that I propose to adjourn that issue to is 11 August 2008.

4. In terms of when that application and response can actually be heard, the earliest date given the work that Dr C might need to do is still the date that I gave on the last occasion, namely 24 October 2008.  Thus, I propose to adjourn the matter for hearing to that date.

5. Secondly there is the application filed on 18 July 2008 by the wife which I have referred to as a funding application.  The husband needs to file responding documents to that, however before he does that Mr Ackman has quite properly sought clarification of precisely on what basis the orders sought are being made, namely whether it is an interim costs application or a security for costs application, or whether it is a partial property settlement.  Mr Holland is on notice about that and I expect it to be sorted out promptly.  On that assumption I propose to also make an order for the husband to file responding documents.

6. In terms of the hearing of that application I propose to list that for two days commencing on 23 September 2008.  I will also adjourn to that hearing date the outstanding application of the Independent Children’s Lawyer in relation to ongoing funding.

7. There is a need to uplift the two financial statements filed by the wife and I propose to make an order about that and the filing of a further financial statement. 

8. The husband’s solicitors also need to identify the full extent of the orders that the husband seeks. 

9. I confirm that what I require at both hearings is chronologies and outlines of argument from all parties and if necessary I will make specific orders about that as those dates approach in chambers.

I certify that the preceding 9 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered 28 July 2008.

Associate