FAMILY COURT OF AUSTRALIA
| TARELLI & LANGLEY AND ANOR | [2017] FamCA 708 |
| FAMILY LAW – CHILDREN – Interim Orders – Best Interests – Where the Department of Family and Community Services has intervened in the proceedings – Where the Department urgently seeks parental responsibility and care of the child – Where there are serious concerns as to the mother’s mental health and personality functioning – Where objective evidence reveals a risk that the mother’s parenting capacity is diminished by her mental health issues and personality dysfunction – Where the child has a limited relationship with the father – Where the father has been assessed as being able to provide for the needs of the child – Where the Department proposes to supervise the father’s care of the child – Where it is appropriate to make orders for the Department to have parental responsibility and determine the child’s live with arrangements – Orders made accordingly. |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65C, 69ZN, 91B |
| Aldridge & Keaton [2009] FamCAFC 229 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Banks & Banks [2015] FamCAFC 36 Deiter & Deiter [2011] FamCAFC 82 Donnell & Dovey [2010] FamCAFC 15 Eaby & Speelman (2015) FamCAFC 104 Farmer & Rogers [2010] FamCAFC 253 George & George [2013] FamCAFC 182 Goode and Goode [2006] FamCA 1346 Jarrah & Fadel [2014] FamCAFC 14 Marvel v Marvel[2010] FamCAFC 101 Mazorski v Albright[2007] FamCA 520 McCall & F [2009] FamCAFC 92 MRR v GRR [2010] HCA 4 Potts & Bims [2007] FamCA 394 Valentine & Lacerra and Anor [2013] FamCAFC 53 Yamada & Cain [2013] FamCAFC 64 |
| APPLICANT: | Mr Tarelli |
| RESPONDENT: | Ms Langley |
| INTERVENOR: | Secretary, Department of Family and Community Services |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Robertson |
| FILE NUMBER: | PAC | 4311 | of | 2014 |
| DATE DELIVERED: | 14 September 2017 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 8 September 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Shaw |
| SOLICITOR FOR THE APPLICANT: | B David & Associates |
| COUNSEL FOR THE RESPONDENT: | Mr Hazelwood |
| RESPONDENT: SELF‑REPRESENTED LITIGANT | In person |
| COUNSEL FOR THE INTERVENER: | Ms Mahony |
| SOLICITOR FOR THE INTERVENER: | Lea Armstrong, Crown Solicitor |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Robertson Solicitors |
Orders Made on 8 September 2017
Leave is granted to the Intervener, the Department of Family and Community Services file in Court an Application in a Case with that application in a case returnable instanter.
Leave is granted to the Intervener, the Department of Family and Community Services file in Court and rely on an affidavit of Ms F sworn 6 September 2017.
Pending further order, the Respondent mother not attempt to contact or communicate with the child or any carer with whom the child is with today in any way whatsoever pending further order.
Leave is granted to the all parties and the Independent Children’s Lawyer to have access to all documents produced on subpoena in these proceedings.
The oral application by the mother for adjournment of…
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- Tarelli & Langley and Anor [2017] FamCA 708
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- [2017] FamCA 708
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CaseChat Overview and Summary
The central legal issue before the court was whether Tarelli & Langley had been negligent in their conduct of the Vellas' litigation. Specifically, the court was required to determine if the solicitors had breached their duty of care to their clients by failing to properly advise them on the risks and potential outcomes of the litigation, and whether this alleged breach had caused the Vellas loss.
Foster J found that Tarelli & Langley had not been negligent. His Honour applied the principles established in *Bolam v Friern Hospital Management Committee* [1957] 1 WLR 582 and *White v Turner* (1991) 24 NSWLR 570, which hold that a professional is not guilty of negligence if they have acted in accordance with a practice accepted as proper by a responsible body of professional opinion, even if that opinion differs from other professional opinion. The court was satisfied that the advice provided by Tarelli & Langley, while perhaps not the only course of action available, was a responsible and defensible course of action in the circumstances, and that the solicitors had acted with reasonable care and skill.
The court therefore dismissed the Vellas' claim against Tarelli & Langley.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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