Terry & Terry

[2023] FedCFamC2F 1674

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Terry & Terry [2023] FedCFamC2F 1674

File number:

MLC 10595 of 2023

Judgment of:

JUDGE CHAMPION

Date of judgment:

20 December 2023 

Catchwords:

FAMILY LAW – Parenting – Rice & Asplund – Preliminary hearing as to whether parenting orders ought to be reconsidered – No change of circumstances that would justify embarking on a second contested parenting hearing – Application dismissed – Discrete issue as to dispute as to choice of school referred to separate hearing

Legislation:

Evidence Act 1995 (Cth) s. 131

Family Law Act 1975 (Cth) ss. 64B, 65DAC

Cases cited:

Cameron & Brook [2018] FamCAFC 175

Defrey & Radnor [2021] FamCAFC 67

Edwards & Edwards (2006) FLC 93-306

King & Finneran (2001) FLC 93-079; [2001] FamCA 344

Mahoney v Dieter [2020] FamCAFC 88

Marsden & Winch (2009) 42 Fam LR 1; [2009] Fam CAFC 152

Rice & Asplund (1979) FLC 90-275

Searson & Searson (2017) FLC 93-788

SPS & PLS (2008) 217 FLR 164

Division:

Division 2 Family Law

Number of paragraphs:

75

Date of last submissions:

15 December 2023

Date of hearing:

15 December 2023

Place:

Melbourne

Counsel for the Applicant:

Mr Bennett

Solicitor for the Applicant:

ECG Legal

Counsel for the Respondent:

Mr Moore

Solicitor for the Respondent:

Duffy and Simon

ORDERS

MLC 10595 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR TERRY

Applicant

AND:

MS TERRY

Respondent

ORDER MADE BY:	JUDGE CHAMPION
DATE OF ORDER:	20 DECEMBER 2023

THE COURT ORDERS THAT:

1.Subject to Orders 2 to 4, the initiating application is dismissed.

The school dispute

2.The Father file an outline of argument, a consolidated affidavit and any further affidavit in support of the orders he seeks as to the school dispute on or before 4:00 pm on 8 January 2024.

3.The Mother file an outline of argument, a consolidated affidavit and any further affidavit in support of the orders she seeks as to the school dispute on or before 4:00 pm on 12 January 2024.

4.The matter is listed for a hearing at 10:00 am on 18 January 2024 (on an estimate of 1 day).

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

REASONS FOR JUDGMENT

JUDGE CHAMPION:

INTRODUCTION

1. This dispute concerns…