Zong & Lim (No 3)

[2021] FCCA 238

FEDERAL CIRCUIT COURT OF AUSTRALIA

Zong & Lim (No 3) [2021] FCCA 238

File number(s):	BRC 8160 of 2014
Judgment of:	JUDGE COATES
Date of judgment:	19 January 2021
Catchwords:	FAMILY LAW – Parenting – application for new Independent Children’s Lawyer – application dismissed.
Legislation:	Family Law Act 1975 (Cth)
Number of paragraphs:	127
Date of last submission/s:	19 January 2021
Date of hearing:	19 January 2021
Place:	Brisbane
Counsel for the Applicant:	Ms K. Oakley
Solicitor for the Applicant:	Lander Solicitors QLD
Respondent:	Self-represented
Counsel for the Independent Children’s Lawyer:	Ms J. McArdle
Solicitor for the Independent Children’s Lawyer:	Julie Harrington Solicitor

ORDERS

BRC 8160 of 2014

BETWEEN:

MS ZONG

Applicant

AND:

MR LIM

Respondent

ORDER MADE BY:	JUDGE COATES
DATE OF ORDER:	19 JANUARY 2021

THE COURT ORDERS:

1.That in the Application in a Case filed 12 January 2021 be dismissed.

THE COURTS ORDERS UNTIL FURTHER ORDER:

2.That the mother’s costs and Independent Children’s Lawyers costs of today be reserved.

3.That this matter be adjourned for Mention at 2.00pm (QLD time) on 20 January 2021 in the Federal Circuit Court of Australia at Brisbane.

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 Zong & Lim (No 3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE COATES:

This judgment was delivered orally and has been corrected for written comprehension.

1. This is an application for parenting orders with regard to an 8-year-old child.

2. It is highly contested.

3. There has been one interim decision which was appealed. The appeal was filed by the father. His appeal was upheld because of findings made by the Judge on the interim decision.

4. The matter then came into my docket.

5. I made a further interim decision which was not appealed and set the matter for trial because the mother and child live in Brisbane and the father lives in Perth.

6. I had been trying to get the matter to trial. I have not been able to get it to trial.

7. Part of the reason being the COVID-19 crisis which has been inflicted on Australia, as well as the rest of the world, there is also, in my view, possibly a reluctance by the father to get it to trial, but I might be incorrect there.

8. In any case, the father now has two applications before the court.

9. I have not decided the second application, which was filed today, and, that is, that he wants an adjournment of the trial which is due to start next Monday.

10. I will deal with that issue after I deliver a decision on this issue.

11. The father has got an application to have the Independent Children’s Lawyer discharged.

12. It seems, in reading the material which he prepared – but, obviously he had some assistance in…