Wardell & Osborn

[2021] FCCA 737

FEDERAL CIRCUIT COURT OF AUSTRALIA

Wardell & Osborn [2021] FCCA 737

File number:	DNC 22 of 2021
Judgment of:	JUDGE YOUNG
Date of judgment:	15 March 2021
Catchwords:	FAMILY LAW – parenting – where there are issues of serious controlling family violence – where the father has been convicted of serious assault against the mother – Court satisfied the matter should be transferred to the Family Court.
Legislation:	Family Law Act 1975 (Cth) s 60CC(2)(b)
Number of paragraphs:	5
Date of hearing:	15 March 2021
Place:	Darwin
Solicitor for the Applicant:	Mr Caldwell of Alice Springs Family Law
Solicitor for the Respondent:	Ms Mazga of Central Australian Women’s Legal Service

ORDERS

DNC 22 of 2021

BETWEEN:

MR WARDELL

Applicant

AND:

MS OSBORN

Respondent

ORDER MADE BY:	JUDGE YOUNG
DATE OF ORDER:	15 MARCH 2021

THE COURT ORDERS THAT:

1.These proceedings be transferred to the Family Court of Australia, Darwin on a date to be advised to the parties NOTING that the parties reside in Alice Springs.

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 under the pseudonym Wardell & Osborn is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE YOUNG:

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. In this matter there are issues of serious controlling family violence.  The father was convicted of a very serious assault of the mother. This incident involved the father breaking into the mother’s home during the night, specifically into her bedroom, where he violently and indecently assaulted her. The incident resulted in the father being sentenced to a lengthy period of imprisonment. 

3. In my view, there is a real question mark raised by the background to the matter, particularly, having regard to section 60CC(2)(b) of the Family Law Act 1975 (Cth), there is a question concerning whether the children can be considered to be safe with the father and whether there is some risk of harm to the children.

4. The sentencing remarks of the Supreme Court Justice who dealt with the father were annexed to an affidavit and outlined the matters I have already referred to.  There was also evidence of the father making threats to kill, not only the mother, but the children at the time of the incident. 

5. In all the circumstances, I consider the background merits the description of serious controlling family violence and that warrants the attention of a superior court. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Young.

Associate:

Dated:       14 April 2021