Shanzay & Jamali [2025] FedCFamC2F 711 (16 May 2025)

1. The second respondent is removed as a party to these proceedings.
2. The matter is fixed for final parenting and property hearing commencing at 10:00am on 24 November 2025 continuing on till 27 November 2025 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court Australia Act 2021 (Cth).
3. The applicant is directed to file and serve a consolidated trial affidavit on or before 29 August 2025.
4. The respondent is directed to file and serve a consolidated trial affidavit on or before 26 September 2025.
5. The parties are directed to file and serve a joint balance sheet on or before 10 October 2025.
6. The applicant is directed to file and serve a case outline including a chronology and a list of objections on or before 24 October 2025.
7. The respondent is directed to file and serve a case outline including a chronology and a list of objections on or before 7 November 2025.
8. The ICL is directed to file and serve any proposed case outline on or before 19 November 2025.
9. The parties, including the ICL are directed to file and serve any proposed tender bundle seven (7) days prior the hearing.
10. Leave is granted to the parties, including the ICL, to provide consent orders to be made in chambers, if appropriate.
11. Leave is granted to the ICL, and the parties through the ICL to provide such documents they wish to the Court Child Expert.
12. Pursuant to s 102NA neither party may cross examine the other.

1. By reason of the s102NA order both the applicant and the respondent are entitled forthwith to apply to legal aid for legal representation through Commonwealth funding.
2. The parties should do so expeditiously and well prior to the hearing date and provide legal aid with a copy of this order.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. On 19 February 2025, a Judge of this Court joined a creditor to the parenting and property proceedings, purportedly pursuant to r 3.04 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) ("the rules"). No attention was given to r 3.01 of the rules as to whether the creditor was a necessary party. The creditor alleges a loan liability by one or both of the other parties. That does not, however, provide a basis upon which the creditor is a necessary party for the determination of the property issues by the Family Court.
2. In these circumstances, no order should ever have been made joining Mr B to the proceedings. Mr B has identified that there are some proceeds that have been realised from the sale of property. However, Mr B has no equitable interest or right to those proceeds, that would make him a necessary party to these proceedings. Mr B's rights are ones he must pursue against his debtors in other venues.
3. It is for these reasons the Court has makes the above orders.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Street.