Application for Costs following successful dismissal application

Parenting proceedings

Interim Hearing - parenting orders

FAMILY LAW – Property dispute – extensive disputation about properties allegedly owned or part-owned in India – allegations of fraud on the court by doctoring of documents – disclosure by both parties radically incomplete – court forming view that both parties prepared to say anything they perceive to help their case – order that Australian property be divided 60/40 in wife’s favour – court unable to make findings about property interests in India.

Junior to Daniel Gurvich SC, Cultivation of commercial quantity of narcotic plant (cannabis), current sentencing practices

Contested parenting proceedings- 6 day trial (sole counsel)

Parenting - overseas travel - removal of child from airport watch list

Leave pursuant to s44(6) Family Law Act consent orders for de facto relationship out of time.

FAMILY LAW – CHILDREN – overseas travel – where the child has been on the airport watch list since 2012 – where the mother seeks that she be able to take the child to Turkey to visit the maternal family – where the father opposes the application – where the father submits that there is a risk the mother will not return – where the mother’s sister is terminally ill – where the mother has demonstrated ties to Australia – where Turkey is a Hague Convention country – order that the mother be permitted to take the child on holiday to Turkey – order that the mother provide financial security.

FAMILY LAW – PRACTICE AND PROCEDURE – De facto relationship – application for property orders filed outside the standard application period – leave granted pursuant to s 44(6) of the Family Law Act 1975 (Cth) – final property orders.

FAMILY LAW – Ruling on costs application. Following successful Dismissal Application

FAMILY LAW – Interim parenting orders – neither party to have veto – supervised time to continue – injunction restraining vaccination sought and not made – matter requires further interim hearing – children to be assessed by a paediatrician – notice of material to be relied upon pursuant to section 144 of the Evidence Act 1995 (Cth).

FAMILY LAW – CHILDREN – Parenting – final orders – where father does not attend but tells Independent Children’s Lawyer that he is not willing to proceed.

FAMILY LAW – CHILDREN – Ex Tempore Reasons – undefended hearing – best interests – decision-making authority – live with – passport– where the father initiated proceedings seeking final parenting orders – where the father withdrew his Initiating Application following the commencement of proceedings – where the matter proceeded in the absence of the father – where the father was the subject of ongoing criminal proceedings – sole decision-making authority to the mother – the children to live with the mother and spend no time with the father – passports to be issued for the children without the consent of the father

FAMILY LAW – objection to party relying on a child’s said to be treating psychologist’s affidavit – relevance of evidence – compliance with the rules of this court in relation to single expert witnesses – whether to exclude the evidence in exercise of discretion – finding that the evidence is relevant

FAMILY LAW – COSTS – costs awarded against practitioner – where the applicant brought an application against the respondent’s counsel for costs thrown away – where the final hearing was unable to proceed on its listed date – where the respondent’s counsel failed to appear when called – where the respondent’s counsel was not adequately prepared for the final hearing – where the respondent’s counsel submits costs can only be awarded against a solicitor and not counsel – consideration of s 117(2A) factors – costs order made

FAMILY LAW – PRACTICE AND PROCEDURE – referral to the Legal Services Commissioner – where the parenting matter was listed for an eight day final hearing – where the mother’s counsel advised the court at a mention hearing he would appear at trial – where the mother’s counsel appeared on the first day of the final hearing having not read a substantial number of the documents with which he was briefed – where the mother’s counsel failed to appear at subsequent mention hearings – where the mother’s counsel accepted a brief in another court, listed at the same time as the final hearing – where the mother’s counsel had not signed the High Court Register of Practitioners – where the final hearing was unable to proceed

FAMILY LAW – final parenting orders – 7 day hearing after listed for 3 days – substantial history of litigation – multiple expert reports in evidence – parent withholding for over one year – whether parent is engaging in resist/refuse pattern – where allegations of abuse made and not pursued – whether one or both parents support a relationship with the other parent – period of no time with withholding parent

FAMILY LAW – Parenting dispute about children aged 13 and 11 – father being a recovering alcoholic and having extensive ongoing treatment – father clearly committing family violence during the relationship – father previously relapsing into alcohol and mother doubting his ongoing sobriety – whether father stalked the mother after separation and breached intervention orders – mother relocating to avoid the father – father having developed insight into his previous conduct – family report and family therapist recommending more time with the father despite mother’s fears – orders made as sought by the Independent Children’s Lawyer