SULLIVAN & TYLER
[2014] FamCAFC 109
•24 JUNE 2014
FAMILY COURT OF AUSTRALIA
| SULLIVAN & TYLER | [2014] FamCAFC 109 |
| FAMILY LAW – APPEAL – application in an appeal for expedition – application that court supply a copy of transcript from the substantive proceedings – where the Independent Children’s Lawyer requests to be excused from participating in the appeal – where the appellant is strongly opposed to the release of the Independent Children’s Lawyer. |
| Family Law Act 1975 (Cth) |
| APPELLANT: | Ms Sullivan |
| RESPONDENT: INDEPENDENT CHILDREN’S LAWYER: | Mr Tyler Mr Christaki |
| FILE NUMBER: | SYC | 889 | of | 2008 |
| APPEAL NUMBER: | EA | 47 | of | 2014 |
| DATE DELIVERED:: | 24 June 2014 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ainslie-Wallace J |
| HEARING DATE: | 24 June 2014 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 26 March 2014 |
| LOWER COURT MNC: | [2014] FamCA 178 |
REPRESENTATION
| FIR THE APPELLANT: | Ms Sullivan in person |
| FOR THE RESPONDENT: | No appearance |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER | Mr Christaki |
Orders
The ICL be excused from further participation in the appeal against the orders of Watts J of 26 March 2014.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Sullivan & Tyler has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 47 of 2014
File Number: SYC 889 of 2008
| Ms Sullivan |
Appellant
and
| Mr Tyler |
Respondent
and
Mr Christaki
Independent Children’s Lawyer
REASONS FOR JUDGMENT
On Independent Children’s Lawyer’s application to be excused from further appearing in the appeal
On 26 March 2014, Watts J made final parenting orders in the matter concerning the parties’ child. An Independent Children’s Lawyer (“ICL”) was appointed and appeared during the hearing before his Honour.
The mother appeals his Honour’s orders. I understand the father and the ICL to oppose the mother’s appeal and both seek to uphold his Honour’s orders.
In anticipation of the appeal hearing, the mother brought two applications in an appeal; one seeking an order that the hearing of the appeal be expedited and the other seeking the provision to her of the trial transcript at the court’s expense. Both of those applications were heard and determined on 24 June 2014 and orders made that expedited the hearing of the appeal and allowed for the provision of the trial transcripts to the mother.
Mr Christaki, the ICL, appeared on the applications and indicated that the ICL wished to take no part in the appeal hearing because the father’s interests and those of the ICL on the appeal were the same and no point would be served by him continuing to appear.
Somewhat unusually, the mother “strongly opposed” the release of the ICL, saying that in a previous appeal hearing in the matter and in which the ICL participated, the Full Court sought submissions from the ICL. It was argued that to release the ICL from participating in this appeal hearing would mean that no submissions from the ICL would be available to the Full Court. She further said that the ICL should appear because it was the ICL who recommended the single expert who was appointed in the matter. I understand the mother to be a trenchant critic of the expert and, it seems by implication, of the conduct of the ICL.
Neither of those matters persuades me that the ICL’s continued participation in the appeal would serve any useful purpose and would involve the expenditure of scarce public funds.
I propose to excuse the ICL from further appearing in the appeal. Should on the hearing of the appeal, the Full Court be of the view that submissions from the ICL would assist the determination of the issues raised on the appeal, that can be provided by way of a written submission from the ICL.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Ainslie-Wallace delivered on 24 June 2014.
Associate:
Date: 24 June 2014
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