Teel and Teel

[2017] FamCA 642

FAMILY COURT OF AUSTRALIA

TEEL & TEEL [2017] FamCA 642

FAMILY LAW – INTERIM – Dismiss application to join third party – costs

APPLICANT: Mr Teel

RESPONDENT: Ms Teel

2^nd RESPONDENT: Ms Appleton

INDEPENDENT CHILDREN’S LAWYER: Ms Connor

FILE NUMBER: SYC 7632 of 2014

DATE DELIVERED: 15 August 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 15 August 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Swan Lawyers

SOLICITOR FOR THE RESPONDENT: Shipton & Associates

SOLICITOR FOR THE 2^ND RESPONDENT: Forsters Solicitors

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

Orders

1. I dismiss the Application made by the husband to join his mother-in-law to the proceeding.

2. I make an order for costs against the husband in favour of the maternal grandmother in the sum of $1,320. By the consent of the parties the sum of $1,320 can be paid from the controlled monies account held with Shipton & Associates and the parties are to give the appropriate directions for that to happen. This amount will be taken as an amount the husband has received from that fund.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 7632  of 2014

Mr Teel

Applicant

And

Ms Teel

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The husband has made an application that the maternal grandmother be joined as a party to the proceedings. The maternal grandmother’s solicitors oppose the joinder. Up until this morning, no final order was sought against the maternal grandmother, although an Application in a Case had been filed seeking that she be joined as a party. The orders sought against the maternal grandmother relate to restraining her from behaving in certain ways whilst she is with the children. The wife has indicated that her mother will be a witness in the parenting proceedings.

2. On 6 February 2017 the Senior Registrar made some directions for the filing of a response by the 2^nd respondent.  That direction seemed to be based on the misconception that an order had already been made joining the maternal grandmother as a party to the proceedings but that was not so.

3. There is nothing in the material to which I have been referred by the husband that would warrant the need for the maternal grandmother to become party to the proceedings and the husband’s application to join the maternal grandmother as a party will be dismissed.

4. The lawyer for the maternal grandmother makes an application for his costs. It is agreed his costs of $1,320 are reasonable given his involvement from February 2017 onwards. I take into account the letters written on 22 February and 14 August 2017 as letters that make offers that were not accepted and should have been accepted. The husband has been wholly unsuccessful in his application. The husband has the ability to pay the amount.

5. It is just to make an order for costs as sought. Those costs can be paid from the controlled monies account held by Shipton & Associates on the basis that that amount will be taken as an amount the husband has received from that fund.

I certify that the preceding five (5) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 15 August 2017

Associate: 

Date:  16.8.17