Vale and Vale (No 3)
Case
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[2016] FamCA 626
•5 August 2016
Details
AGLC
Case
Decision Date
Vale and Vale (No 3) [2016] FamCA 626
[2016] FamCA 626
5 August 2016
CaseChat Overview and Summary
In *Vale and Vale (No 3)*, Hogan J of the Family Court of Australia considered a range of applications made by the mother concerning her children, B and B. The dispute involved the mother's attempts to have her review application deemed "exceptional" under s 69ZT(3) of the *Family Law Act 1975* (Cth), her applications for the children to spend time and communicate with their maternal grandparents, for the children to be separately represented, to be called as witnesses, for the release of a report by Dr H to treating practitioners, and for discovery of correspondence with the Independent Children’s Lawyer.
The court was required to determine whether the mother's application for review of the Principal Registrar's Orders should be considered "exceptional" under s 69ZT(3) of the *Family Law Act 1975* (Cth). Additionally, the court had to adjudicate on the mother's various applications concerning contact with maternal grandparents, separate representation for the children, the children testifying, the disclosure of a specific report, and discovery of communications with the Independent Children’s Lawyer. The court also had to consider the terms of supervised time between the mother and the children.
Hogan J dismissed the majority of the mother's applications, including those for the children to spend time with their maternal grandparents, for separate representation, for the children to be witnesses, for the release of Dr H's report to treating practitioners, and for discovery of correspondence with the Independent Children’s Lawyer. However, the mother was granted leave to provide the Family Reports by Mr E and Dr F to Dr H for the purpose of obtaining advice for her cross-examination of those individuals at the final hearing. The court also discharged a previous order regarding contact and, until further order, stipulated supervised time between the mother and children, commencing with visits supervised by a Family Consultant and subsequently at a contact centre, with specific provisions for costs and attendance. The application to declare the final hearing "exceptional" was adjourned, as were costs applications.
The court was required to determine whether the mother's application for review of the Principal Registrar's Orders should be considered "exceptional" under s 69ZT(3) of the *Family Law Act 1975* (Cth). Additionally, the court had to adjudicate on the mother's various applications concerning contact with maternal grandparents, separate representation for the children, the children testifying, the disclosure of a specific report, and discovery of communications with the Independent Children’s Lawyer. The court also had to consider the terms of supervised time between the mother and the children.
Hogan J dismissed the majority of the mother's applications, including those for the children to spend time with their maternal grandparents, for separate representation, for the children to be witnesses, for the release of Dr H's report to treating practitioners, and for discovery of correspondence with the Independent Children’s Lawyer. However, the mother was granted leave to provide the Family Reports by Mr E and Dr F to Dr H for the purpose of obtaining advice for her cross-examination of those individuals at the final hearing. The court also discharged a previous order regarding contact and, until further order, stipulated supervised time between the mother and children, commencing with visits supervised by a Family Consultant and subsequently at a contact centre, with specific provisions for costs and attendance. The application to declare the final hearing "exceptional" was adjourned, as were costs applications.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Vale and Vale (No 3) [2016] FamCA 626
Most Recent Citation
Vale and Vale (No 4) [2016] FamCA 895
Cases Cited
6
Statutory Material Cited
3
Segur v Segur
[2010] FamCA 556
State Central Authority & Ustinov (No. 4)
[2008] FamCA 987
Emmett & Emmett (No. 2)
[2010] FamCA 57