Tallant and Kelsey

[2016] FamCA 538

FAMILY COURT OF AUSTRALIA

TALLANT & KELSEY [2016] FamCA 538

FAMILY LAW – EVIDENCE – Admissibility – Expert report.

Family Law Act 1975 (Cth) s 60CC, 69ZR, 69ZT.
Family Law Rules 2004 (Cth) rr 15.44, 15.59.

Cameron & Walker (2010) FLC 93-445

Family Court of Australia and the Federal Circuit Court of Australia, Family Violence Best Practice Principles (edition 3.2, December 2015)
Family Court of Australia, Federal Circuit Court of Australia and Family Court of Western Australia,  Australian Standards of Practice for Family Assessments and Reporting (February 2015)

APPLICANT: Ms Tallant

RESPONDENT: Mr Kelsey

INDEPENDENT CHILDREN’S LAWYER: Ms Jarman

FILE NUMBER: PAC 3364 of 2013

DATE DELIVERED: 10 June 2016

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 6 June 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Goodchild

SOLICITOR FOR THE APPLICANT: Women's Legal Service NSW

COUNSEL FOR THE RESPONDENT: Ms Snelling

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Beck

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Mills Oakley Lawyers

Orders

1. Leave is granted to the parties, their legal representatives and the Independent Children’s Lawyer to inspect documents from Suburb B Local Court held in the Registry.

2. The report of Mr R dated 29 June 2015 is admitted and Reasons for Judgment will be published in due course

1. On the application of the father, the matter is adjourned to 7 June 2016 at 10:00am for the purposes of the father obtaining a medical certificate in relation to his fitness to participate in these court proceedings tomorrow and the balance of the week and in relation to any disability and application for a case guardian, if that is to be sought.

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

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3364  of 2013

Ms Tallant

Applicant

And

Mr Kelsey

Respondent

REASONS FOR JUDGMENT

Introduction

1. In an Application in a Case determined at the commencement of parenting proceedings, I dismissed an application to have the single expert report excluded from evidence in the proceedings.  I admitted the report and indicated that I would publish reasons in due course.  These are those Reasons.

Background

1. The mother who is 42 and the father who is 41 commenced a relationship in around 1999. 

2. The parties began living together in 2001 or 2002 and had two daughters.  The elder child, C, was born in 2002 and is 13 at the date of the proceedings.  A second child D was born in 2011 and is almost five at the time of the proceedings. 

3. The parents initially separated in March 2013 and final orders in relation to the future parenting of the children were made in Federal Circuit Court in December 2013.  Under those orders, the parents equally shared parental responsibility for the children who lived between the parents in a shared care arrangement. 

4. Notwithstanding…