Federal Circuit Court of Australia
Zong & Lim (No 6) [2020] FCCA 3671
File number(s): BRC 8160 of 2014 Judgment of: JUDGE COATES Date of judgment: 29 October 2020 Catchwords: FAMILY LAW – Parenting – Time suspended – risk – trial dates set. Legislation: Family Law Act1975 (Cth) ss 60CC. Cases cited: Bant & Clayton [2015] FamCAFC 222
Harridge and Anor & Harridge and Anor [2010] FamCA 445
M v M (1988) 166 CLR 69; FLC 91-979
Number of paragraphs: 168 Date of last submission/s: 29 October 2020 Date of hearing: 29 October 2020 Place: Brisbane Counsel for the Applicant: Ms K. Oakley Solicitor for the Applicant: Lander Solicitors QLD Counsel for the Respondent: Mr D. Carlton Solicitor for the Respondent: HCM Legal Counsel for the Independent Children’s Lawyer: Ms D. Pendergast 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:
29 October 2020
THE COURT ORDERS UNTIL FURTHER ORDER:
1.That all Orders for the child X born in 2012 (“the child”) to spend time and communicate with the father be suspended.
2.That pursuant to s.62G of the Family Law Act 1975 the parties and the child X born in 2012 attend upon a Family Consultant, as appointed by the Senior Family Consultant of the Federal Circuit Court of Australia, on a date and time to be advised, for the purposes of the preparation of an updated family report to be made available to the Court.
3.That in addition to reporting any matters that the Family Consultant considers important to the welfare of the child and the factors contained in s.60CC of the Family Law Act 1975 the following opinions should be included:
(a)Any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that would affect the weight that the Court should place on those wishes;
(b)The matters set out in ss.60CC, 61DA and 65DAA of the Family Law Act 1975; and
(c)Any other matters that the Family Consultant considers important to the welfare or best interests of the child.
4.That a child should not be required to express his or her views in relation to any matter but in the event that a child does express views, the Family Consultant should also canvass and report the views and likely consequences of and for the child if the Court did not reach a conclusion which accorded with the child’s views.
5.That the parties shall attend appointments with the Family Consultant on a date and time to be advised by the Family Consultant and they shall facilitate the attendance of the child for those appointments (unless otherwise advised) and shall co-operate with all reasonable requirements of the Family Consultant.
6.That the Federal Circuit Court of Australia be responsible for payment of the cost of preparation of the updated Family Report.
7.That the Family Consultant shall have leave to inspect subpoenaed…
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- Zong & Lim (No 6) [2020] FCCA 3671
- Case
- [2020] FCCA 3671
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CaseChat Overview and Summary
The court was required to determine the immediate parenting arrangements for the child, specifically whether to suspend the father's time with the child. The court also needed to consider the need for an updated family report and the scope of that report, including the child's views and relevant legislative factors. Furthermore, the court had to set trial dates for the final hearing of the matter.
The court ordered that all orders for the child to spend time and communicate with the father be suspended until further order. Pursuant to section 62G of the *Family Law Act 1975*, the parties and the child were ordered to attend upon a Family Consultant for the preparation of an updated family report. This report was to include the child's views, the factors set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters considered important to the child's welfare or best interests. The court also stipulated that while a child should not be required to express views, if views were expressed, the Family Consultant should report them and the likely consequences if the court did not accord with those views. The Federal Circuit Court of Australia was to bear the cost of the report.
The father was ordered to file and serve an affidavit setting out all evidence to be relied upon at trial by 27 November 2020. The matter was subsequently set down for a final hearing of not more than four days, commencing on 25, 27, 28, and 29 January 2021, in the Federal Circuit Court of Australia at Brisbane.
Orders
Orders of the court
BRC 8160 of 2014
BETWEEN:
MS ZONG
Applicant
AND:
MR LIM
Respondent
order made by:
JUDGE COATES
DATE OF ORDER:
29 October 2020
THE COURT ORDERS UNTIL FURTHER ORDER:
1. That all Orders for the child X born in 2012 (“the child”) to spend time and communicate with the father be suspended.
2. That pursuant to s.62G of the Family Law Act 1975 the parties and the child X born in 2012 attend upon a Family Consultant, as appointed by the Senior Family Consultant of the Federal Circuit Court of Australia, on a date and time to be advised, for the purposes of the preparation of an updated family report to be made available to the Court.
3. That in addition to reporting any matters that the Family Consultant considers important to the welfare of the child and the factors contained in s.60CC of the Family Law Act 1975 the following opinions should be included:
(a) Any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that would affect the weight that the Court should place on those wishes;
(b) The matters set out in ss.60CC, 61DA and 65DAA of the Family Law Act 1975; and
(c) Any other matters that the Family Consultant considers important to the welfare or best interests of the child.
4. That a child should not be required to express his or her views in relation to any matter but in the event that a child does express views, the Family Consultant should also canvass and report the views and likely consequences of and for the child if the Court did not reach a conclusion which accorded with the child’s views.
5. That the parties shall attend appointments with the Family Consultant on a date and time to be advised by the Family Consultant and they shall facilitate the attendance of the child for those appointments (unless otherwise advised) and shall co-operate with all reasonable requirements of the Family Consultant.
6. That the Federal Circuit Court of Australia be responsible for payment of the cost of preparation of the updated Family Report.
7. That the Family Consultant shall have leave to inspect subpoenaed documents produced to the Court.
8. That upon the updated Report being provided to the Court, the Court will release a copy to each party (or if represented, to the party’s lawyer) and to any Independent Children’s Lawyer in the proceedings.
9. That unless a party objects, in writing, within 14 days of the date of releasing the updated Report, copies of the updated Report may further be provided to the following, if the Court is requested to do so, for a purpose related to the care, welfare or development of the child to whom these proceedings relate:
(a) A Children’s Court;
(b) A child protection authority;
(c) A State or Territory legal aid authority; and
(d) A convener of any legal dispute resolution conference.
10. That unless otherwise ordered, no person shall release the updated Report, or provide access to the updated Report to any other person.
11. That the father file and serve one affidavit setting out all evidence to be relied upon at trial including evidence in previous affidavit material and any further evidence-in-chief by no later than 4.00pm on 27 November 2020.
12. That the matter be set down for a final hearing for not more than four (4) days commencing at 9.30am on each of 25, 27, 28 and 29 January 2021 in the Federal Circuit Court of Australia at Brisbane.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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