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

[Malissla]

Then you would likely be wrong.

S121 is a prohibitory section, with some exceptions, controlling when someone wants to communicate Family Court court proceedings to the public or a section of the public.

Just because your situation is not covered by s121 it does not mean you can automatically flout a court order. S121 prohibits publishing to the public, or a section of the public, it does not give special rights allowing you to give a report to another person that is a party in the case.

So having ruled out s121, where to go? Other sections of the Family Law Act, three of which are given as guidance in s121(10), then you need to look at the applicable rules of the Family Court, then review the FCC Act, and their rules, then study case law looking for a precedent covering your exact scenario (or something very close to it). Then having done all that, you'll likely arrive at a conclusion that says 'the court has the authority to withhold the report'.

Or you pay for a lawyer to do all that work on a procedural point of family law.

Should the judge feel as though you have wilfully circumvented the courts orders, as well as punishing you, the judge can sack the consultant and order a new consultant be brought in as a replacement, and also award costs against you.

Rod You are making mistakes, the court issued an order saying the report could not be copied, released or provide access to the report to any other person not a party, but there is no other wording ..it should state under what Section the family Law Act 1975 the restriction comes under, such as 121 (1) .. but it doesn't no mention of any anything , however, sec121 (1) is the only section that CAN impose restrictions so we know what should be on the order, being as we know what should be on the order we know what section we are talking about, under section 121(1) the family consultant is NOT considered as PUBLIC so I would not be in breach of the order if I was to provide it to the family consultant...so no you was wrong to rule sec 121 out... and you are wrong to suggest that the court has the authority to withhold the report - how do I know that ? Because it has been released Oh the court cannot get blood out of a stone so I am not opposed to costs orders being made against me although at this point in time it's difficult to envisage upon what basis any costs order could be made... I have since been informed the Family Consultant will now have access to the report.. Honestly.. sometimes you guys make it such hard work rather than just sticking with the subject matter and applying the law correctly..

 

[Rod]

sec121 (1) is the only section that CAN impose restrictions ...

No.

the family consultant is NOT considered as PUBLIC

Agree

o I would not be in breach of the order if I was to provide it to the family consultant

Erroneous conclusion.

Because it has been released

According to you the judge amended the orders. (see amended answers below)

Oh the court cannot get blood out of a stone

The judge can give you time in jail to reflect upon your actions. The judge can also rule against you because you are displaying hostility towards any attempt at co-parenting, and this was likely your biggest risk.

I have since been informed the Family Consultant will now have access to the report

Good, problem disappeared, but not because you are correct.

sometimes you guys make it such hard work rather than just sticking with the subject matter and applying the law correctly..

Sometimes the law is hard work. You may have just got lucky.