Williams & Hatheway (No.2)
[2021] FedCFamC1F 217
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Williams & Hatheway (No.2) [2021] FedCFamC1F 217
File number(s): SYC 7523 of 2013 Judgment of: REES J Date of judgment: 24 November 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application under s 102NA of the Family Law Act 1975 (Cth) – Application granted. Legislation: Family Law Act 1975 (Cth) s 102NA Division: Division 1 First Instance Number of paragraphs: 6 Date of last submission: 26 November 2021 In Chambers: 24 November 2021 Place: Sydney Applicant: Self-Represented Respondent: Self-Represented Independent Children's Lawyer: Legal Aid NSW ORDERS
SYC 7523 of 2013 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR WILLIAMS
Applicant
AND: MS HATHEWAY
Respondent
LEGAL AID NSW
Independent Children’s Lawyer
ORDER MADE BY:
REES J
DATE OF ORDER:
24 NOVEMBER 2021
UPON NOTING:
1.That the parties intend to cross-examine each other at the trial of the proceedings, and that there is an allegation of family violence between them:
AND UPON FURTHER NOTING:
2.That the parties have each been advised by the court:
(a)that pursuant to these orders, neither party may cross-examine the other party personally;
(b)that pursuant to these orders, any cross-examination of either party may only be conducted by a legal practitioner acting on behalf of the other party;
(c)as to the availability of the Commonwealth Family Violence and Cross- Examination of Parties Scheme and the means by which they may apply to that scheme for the provision of a lawyer; and
(d)that a copy of these orders will be provided by the court to Legal Aid NSW, which administers the said scheme.
THE COURT ORDERS:
3.That the requirements of s 102NA (2) of the Family Law Act 1975 (Cth) will apply to any cross-examination occurring in the proceedings on or after 11 September 2019.
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 the pseudonym Williams & Hatheway has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
REES J:
Mr Williams (“the father”) and Ms Hatheway (“the mother”) are the parents of Z who is aged eight years. Proceedings relating to parenting arrangements for Z are presently part heard before me, interim orders having been made in April 2019.
Neither party has legal representation.
The mother sought, and was granted, an order pursuant to s 102NA of the Family Law Act 1975 (Cth) (“the Act”) so that she will be provided with legal representation for the continuation of the hearing by the Legal Aid Commission of New South Wales.
However, the consequence of the making of that order is that neither party is able to
cross-examine the other.
Thus the father, in the absence of legal representation, will not be permitted to
cross-examine the mother.
I will therefore make an order pursuant to s 102NA of the Act in relation to the father’s representation.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees. Associate:
Dated: 24 November 2021
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