THAMSON & BAN

In the matter of THAMSON & BAN, Bennett J of the Family Court of Australia considered parenting and case management issues arising from applications made by the Father and Mother. The dispute involved a contravention application filed by the Father, which was listed alongside a parenting application before the Senior Registrar, with both applications relying on the same evidence.

The court was required to determine the appropriate course of action for managing these overlapping applications, particularly in light of the potential for minimising costs and ensuring efficient dispute resolution. The court also considered the role of the Independent Children's Lawyer in addressing non-compliance issues and the implications of vacating a hearing previously scheduled in the Judicial Duty List.

Bennett J's reasoning focused on case management principles aimed at reducing costs for the parties. The court facilitated a resolution by allowing the Father to withdraw his contravention application by consent. In lieu of formal make-up time, the Father was granted additional phone time with the children on specific dates. The court also vacated a hearing scheduled for 21 July 2020 and adjourned all interim applications to an existing interim defended hearing before the Senior Registrar on 14 July 2020. The court certified that it was appropriate for the parties to engage advocates for the proceedings.

By consent, the Father was granted leave to withdraw his contravention application. The Father was also granted additional phone time with the children on specified dates. The hearing on 21 July 2020 was vacated, and all interim applications were adjourned to the existing interim defended hearing on 14 July 2020. The court certified the appropriateness of engaging advocates. The Father withdrew the contravention application without prejudice, and the Mother denied the contraventions but agreed to the additional phone time. The parties also agreed to variations regarding the filing time and content of a report from the Family Contact Service.