GUEST BLOG: Arthur Taylor – Family Court

From time to time I receive private messages from people seeking help about Family Court matters as they are frustrated with the system and lack of help they receive from their Lawyers.

Five months ago I had to enter a notice of claim freezing a property.  I claim that Carolyn, my former wife, who passed away tragically on 24 July 2015 owned, but was held in Constructive trust for her estate by the present recorded owner.  I believe our 8 year old daughter and her 3 half-siblings should benefit from this property.

The recorded owner via the ChristChurch Family Court hired an “insider” to represent him and on 26 November 2015 he advised the Court that he would be filing a strike-out application.  This is an application for summary judgement where the  claimant has no case.  The Family Court allowed the “insider”  to cue jump other pressing cases and schedule a strike out hearing to be heard just before Christmas.

In the end no strike out application was filed and the “insider” tried to ambush me by filing his submissions at 5.22pm Friday 18 December 2015 (even though they were dated 17/12/15).  In the normal course, in Pare, it is shut down to all but essential business on the weekends.  I wouldn’t have received those submissions until Monday morning for when the hearing was scheduled for 10am on 21/12/15.

This, despite, the “insider” having to apply for the judge’s orders to file his strike out application by 4/12/15.  He hadn’t filed one at all!!!

All Court proceedings are subject to something known as natural justice/procedural fairness.  “This is affirmed by Section 27 of the Bill of Rights Act.  It basically means getting a “fair go”.  I was astonished when the Judge allowed the “insider” full reign to present his “case” which turned out NOT to be a strike out case at all and then gave me all of about 20 minutes to respond.  I must have used these 20 minutes well because the Judge’s decision was reserved!!

Afterwards, I thought, how would some poor Mum be able to represent herself if they cant afford a Lawyer or get legal aid? If this is what passes for a “fair go” in the Family Court.!  My experience mirrors what people had been messaging me.

I then spoke to a Lawyer I knew who regularly works in the Family Court, who told me, “ this is nothing unusual Arthur.  This is cronyism and is rife and if you are connected , you will get ‘favourable’ treatment”.

After that, having no great faith in receiving a ‘fair go’ in the Family Court judgement, I filed an application for an extraordinary injunction restraining the Judge from delivering his judgement on the grounds that it is likely to be a continuation of the breach of natural justice/procedural fairness that I say happened at the hearing on 18 Dec 2015.

We are before a High Court judge on 26 Jan 2016 for a Conference.  Injunctions are dealt with urgently.  If nothing else this procedure will help to remind the Family Court that this is the very place that a ‘fair go’and a full and proper opportunity to present a case is most important.

Arthur Taylor is a prisoner rights activist and TDBs blogger inside prison.