VIC Family Court - Provide Family Consultant with a 69ZW Report?

[Malissla]

Hi,

Can I provide the Family Consultant with a copy of a 69ZW report? I understand that in the normal course of events that a Family Consultant would have access to the Court File and that such a report would be held on file and as a result should therefore have access to it, however that is in the "normal course of events", the 69ZW report was released but with an order that states "That no party is permitted to make a copy or to release the report, or provide access to the report, to any other person not a party to the proceedings."

Previous 69zw report was released with no such restrictions, I provided it to a Family Consultant which upset the court. I have no wish to bore you with the details but it appears to me that the Family Court is attempting to withhold the report from the Family Consultant and I - on the other hand - wish to ensure it is provided to the Family Consultant. There is a lot of underhandedness going on and I cannot rely upon the court making sure the report is available to the Family Consultant.

Now, I further understand that if a document is released by the court and the court issues an order that states it cannot be provided to another person then the order must also state the relevant law upon which it intends to rely upon, however no such law is quoted, stated or relied upon in the wording of the order, it merely states as I have quoted above.

It is my case that the law that would be relied upon actually provides for me to provided it to the Family consultant.

Does anyone have any light they may be able to shed on this subject ?

 

[Rob Legat - SBPL]

On the proviso that I am not a family law practitioner:

1. You're intending to do something that drew the ire of the court the first time you did it, and which prompted a specific order to be made. Do you think that's a wise thing to do?
2. What's the basis for your understanding that the court must state the relevant law when making an order?
3. Have you considered the general prohibition in providing any account of proceedings to third parties under section 121 of the Family Law Act?
4. Are you prepared to risk contempt of court in contravening an order? (as opposed to appealing the order through the proper channels).

 

[Malissla]

On the proviso that I am not a family law practitioner:

1. You're intending to do something that drew the ire of the court the first time you did it, and which prompted a specific order to be made. Do you think that's a wise thing to do?
2. What's the basis for your understanding that the court must state the relevant law when making an order?
3. Have you considered the general prohibition in providing any account of proceedings to third parties under section 121 of the Family Law Act?
4. Are you prepared to risk contempt of court in contravening an order? (as opposed to appealing the order through the proper channels).

1. Clearly I was within my rights the first time.

2. If the court intends to rely upon Section 121 (1) of the Family Law Act 1975 then the order should state so, indeed what other section of the Family Law Act can it rely on in the restriction or publication of a document.

3. Providing a document to a Family Consultant is not "or otherwise disseminates to the public" because the Family Consultant is NOT public.

4. I see no reason to appeal the order when Section 121 provides for me to provide the report You wasn't very helpful

 

[Rob Legat - SBPL]

I'm sorry I wasn't able to assist you. Perhaps a family law practitioner may be able to.

 

[Malissla]

I'm sorry I wasn't able to assist you. Perhaps a family law practitioner may be able to.

I take deep offence to your apparent inability to stand up straight, and provide legally correct opinions, it appears your only concern is the court and the Judge's views, and whilst I understand it is clearly in your nature to remain bent over to the extent that your forehead can be placed upon your shoes in order that the Judge can shove it right up you it isn't in my nature and I use the full force of the law and argument upon which I win my cases, unlike you, I sincerely hope your butt recovers.

 

[GlassHalfFull]

I take deep offence to your apparent inability to stand up straight, and provide legally correct advice, it appears your only concern is the court and the Judge's views, and whilst I understand it is clearly in your nature to remain bent over to the extent that your forehead can be placed upon your shoes in order that the Judge can shove it right up you it isn't in my nature and I use the full force of the law and argument upon which I win my cases, unlike you, I sincerely hope your butt recovers.

Wow Malissla, you sure know how to make friends... I have no opinion about the legality of what you're arguing, but nobody here is obliged to help you.

We are all either just laymen with some ideas of how the legal system works, or at best qualified lawyers providing their best guesses rather than proper official legal advice. If they were giving official legal advice, you'd most likely not be getting it here for free, that's for sure.

My only opinion is that if you feel confident that you're right, you give it a red hot go in court and see what the judge thinks of your arguments and attitude... Please report back aftwards to educate us on how it went.

 

[Rod]

Hard to know if the OP's tongue is in her cheek??

Now, I further understand that if a document is released by the court and the court issues an order that states it cannot be provided to another person then the order must also state the relevant law upon which it intends to rely upon,

No justification is needed where the court elects not to release a document until it becomes an issue at trial where reasoning for the judgment/order has to be provided. You may get a judge that gives some verbal reasons on the day for an interim proceeding, and if this happened, get a copy of the court transcript.

Your matter has not yet gone to a final hearing.

It is my case that the law that would be relied upon actually provides for me to provided it to the Family consultant.

What law are you relying on? or is this an opinion from a friend who knows all about family law?

If this matter is of importance to you, then file a notice of appeal (or seek leave to appeal) through your lawyer. Appeals are not generally DIY and may involve the creation of an appeal book. You will have to identify the mistake the judge made in his orders.

Keep in mind the Family Law Rules give judges a very wide latitude in how they run a case, so I don't like your chances.

You can of course break the court order and provide the report but this is not a wise action to undertake. You have already annoyed the judge once, and wilfully going against new court orders is likely to find you with contempt of court charges that can include jail time.

 

[Malissla]

Hard to know if the OP's tongue is in her cheek??



No justification is needed where the court elects not to release a document until it becomes an issue at trial where reasoning for the judgment/order has to be provided. You may get a judge that gives some verbal reasons on the day for an interim proceeding, and if this happened, get a copy of the court transcript.

Your matter has not yet gone to a final hearing.



What law are you relying on? or is this an opinion from a friend who knows all about family law?

If this matter is of importance to you, then file a notice of appeal (or seek leave to appeal) through your lawyer. Appeals are not generally DIY and may involve the creation of an appeal book. You will have to identify the mistake the judge made in his orders.

Keep in mind the Family Law Rules give judges a very wide latitude in how they run a case, so I don't like your chances.

You can of course break the court order and provide the report but this is not a wise action to undertake. You have already annoyed the judge once, and wilfully going against new court orders is likely to find you with contempt of court charges that can include jail time.

I think it is inevitable that the report would become an issue at trial in consideration of what it states, it informs the court of Child Protections position, so to not provide that relevant information to the family consultant for their consideration cannot be said to be in the best interests of the children. In answer to your question Rod the law I rely upon is Section 121 (1) of the Family Law Act 1975.. it provides for such reports to be given to Family Consultants by virtue of the fact they are not deemed to be public.

I don't believe I would be breaking any court order as the order does not state under any section of the family law act 1975 why it cannot be provided. If a court is to issue an order restricting a documents use the court needs to state the law it is relying on to do it, without such law the order is groundless, you can't have judges issuing orders willy-nilly with no legal basis, Judges like us are bound by the law in which they act.

 

[Malissla]

Wow Malissla, you sure know how to make friends... I have no opinion about the legality of what you're arguing, but nobody here is obliged to help you.

We are all either just laymen with some ideas of how the legal system works, or at best qualified lawyers providing their best guesses rather than proper official legal advice. If they were giving official legal advice, you'd most likely not be getting it here for free, that's for sure.

My only opinion is that if you feel confident that you're right, you give it a red hot go in court and see what the judge thinks of your arguments and attitude... Please report back aftwards to educate us on how it went.

The law is not subject to opinion only interpretation, arguments and attitude do not determine the letter of the law to which all courts and all judges have to abide.

 

[GlassHalfFull]

The law is not subject to opinion only interpretation, arguments and attitude do not determine the letter of the law to which all courts and all judges have to abide.

That may be true, I was mainly commenting on your attitude which I suspect, if you unleash it on the judge, is not going to be very favourable for you... Still, let's see how the judge sees your legal interpretation. I'll be interested to hear.