Bannerman and Frank

[2015] FCCA 3171

FEDERAL CIRCUIT COURT OF AUSTRALIA

BANNERMAN & FRANK [2015] FCCA 3171

Catchwords:
FAMILY LAW – Application to review a Registrar’s decision in relation to the abridgment of time – consideration of case law – first return date abridged.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Myers v Myers (2011) 253 FLR 445
Vibbard & Garcia [2012] FamCAFC 114

Applicant: MS BANNERMAN

Respondent: MR FRANK

File Number: MLC 10690 of 2015

Judgment of: Judge Wilson

Hearing date: 19 November 2015

Date of Last Submission: 19 November 2015

Delivered at: Melbourne

Delivered on: 19 November 2015

REPRESENTATION

Solicitor for the Applicant: Ms S Macgregor

Solicitors for the Applicant: Macgregor Solicitors

No appearance by the Respondent

ORDERS

1. The first return date for the Initiating Application filed by the Applicant on 16 November 2015 be abridged.

2. The Duty List hearing of 10 February 2016 at 9.45 a.m. be vacated.

3. The matter be adjourned to the Duty List of this Court on

   
   

   14 December 2015 at 9.45 a.m. for Mention.

4. The Application in a Case filed by the Applicant on 19 November 2015 be otherwise dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Bannerman & Frank is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 10690 of 2015

MS BANNERMAN

Applicant

And

MR FRANK

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. On 19 November 2015, the Applicant Mother in this proceeding, MS BANNERMAN (“the Mother”) applied in a case seeking the urgent review of a decision of the Registrar dated 16 November 2015. On 16 November 2015, the Registrar held that she was not satisfied about the demonstrated urgency of the case and refused to accord the case greater priority than the case would have received in the usual course of events in respect of cases awaiting hearing. As presently matters stand, the date for first return is 10 February 2016, there being no successful abridgement of that date prior to the hearing of this application before me today. 

2. Today, the application is for review of the decision of the Registrar. That application is made under the rules of the Federal Circuit Court of Australia. In support of the application, Ms SUE ANNE MACGREGOR (“Ms Macgregor”), who appeared before me today, swore an affidavit[1] in which Ms Macgregor deposed to the circumstances giving rise to the asserted urgency. Ms Macgregor swore that the proceeding relates to two children, X born (omitted) 2006 and Y born (omitted) 2011 (collectively “the children”). Ms Macgregor deposed that there are family violence proceedings pending between the parties with the defended hearing of the application for an intervention order listed for hearing in the Magistrates Court of Victoria at Moorabbin in early 2016.

   [1] Affidavit of Sue Anne Macgregor filed 19 November 2015.

3. Ms Macgregor also swore that the Respondent to the application, MR FRANK (“the Father”), continues to enter the Mother’s home essentially by breaking and entering, he being a (occupation omitted). Ms Macgregor…