THAMSON & BAN

[2020] FamCA 638

FAMILY COURT OF AUSTRALIA

THAMSON & BAN [2020] FamCA 638

FAMILY LAW – PARENTING – where parenting application is listed before the Senior Registrar prior to a contravention application being listed in the Judicial Duty List and both applications are based on same evidence.

FAMILY LAW – CASE MANAGEMENT – where matter listed for mention at initiative of the Court with a view to minimising costs – where Independent Children's Lawyer assisted in dispute of non-compliance issues and hearing in Judicial Duty List was vacated.

APPLICANT: Ms Thamson

RESPONDENT: Mr Ban

INDEPENDENT CHILDREN’S LAWYER: Mr Bult

FILE NUMBER: MLC 8375 of 2019

DATE DELIVERED: 30 June 2020

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 30 June 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Thomas

SOLICITOR FOR THE APPLICANT: Verduci Lawyers

COUNSEL FOR THE RESPONDENT: Mr Foo

SOLICITOR FOR THE RESPONDENT: MMH Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER:

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER: Bowlen Dunstan & Associates

Orders

BY CONSENT IT IS ORDERED:

1. That the Father have leave to withdraw the Contravention Application filed 27 April 2020.

2. That without admitting the necessity for make-up time, the Father have additional phone time with the children on the following dates and times pursuant to paragraph seven (7) of the Interim Orders made on 18 December 2019:

   (a)       6 July 2020 at 7:00 pm;

   (b)       13 July 2020 at 7:00 pm;

   (c)       20 July 2020 at 7:00 pm; and

   (d)       27 July 2020 at 7:00 pm.

3. The Hearing on 21 July 2020 be vacated.

4. All interim applications be adjourned to the existing interim defended hearing listed on 14 July 2020 before the Senior Registrar.

5. Pursuant to rule 19.50 of the Family Court Rules 2004, the Court certifies that it was appropriate that the parties to engage an advocate to appear on their respective behalves at court today.

IT IS DIRECTED:

1. That the minute of orders be marked Exhibit “A” and remain on the Court file.

AND THE COURT NOTES:-

A.Pursuant to Sections 65DA and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties to adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these orders.

B.The Father withdraws the Contravention Application without prejudice should there be further issues with the parenting arrangements as set out in previous Orders.

C.The Mother denies the Contraventions as specified by the Father in his Contraventions Applications filed 27 April 2020 but agrees to the additional phone time as specified in these Orders.

D.The parties agree that in relation to paragraph 8 of the Orders dated 22 April 2020, the filing time for the report from the Family Contact Service shall be 7 days instead of 14 days and the report shall encapsulate 5 visits instead of 6, and the solicitors for the Father shall obtain and distribute a report for the sixth visit scheduled for 11 July 2020 prior to the interim hearing date of 14 July 2020.

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 Thamson & Ban 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 MELBOURNE

FILE NUMBER: MLC 8375 of 2019

Ms Thamson

Applicant

And

Mr Ban

Respondent

And

INDEPENDENT CHILDREN'S LAWYER

EX TEMPORE REASONS FOR JUDGMENT

1. This matter comes before me as a Case Management Hearing where a Contravention Application filed by the father on 27 April 2020 was set down before me in the Judicial Duty List on 21 July 2020.

2. The proceedings were returnable before the Senior Registrar on 14 July 2020 for an Interim Contested Hearing about parenting matters, in particular, spend time provisions between the father and the children, X who is eleven years old and Y who is seven years old.

3. The Contravention Application, returnable before me on 21 July 2020, is said to arise out of the same controversy as the matter to be determined by the Senior Registrar on 14 July.  Accordingly, I listed the matter for a mention to either deal with the Contravention Application prior to the interim contested hearing or see how the parties otherwise wish to resolve the matter. 

4. The parties have been assisted by the Independent Children's Lawyer, Mr Bult, and have arrived at a resolution whereby the Contravention Application is now withdrawn.  There is make up time for the father, the hearing in the Judicial Duty List can be vacated and the parties will now concentrate on the substantive issues before the Senior Registrar on 14 July 2020. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Bennett delivered on 30 June 2020.

Associate: 

Date:  5 July 2020