FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
Canvin & Jesney [2021] FedCFamC2F 145
File number(s): MLC 10217 of 2021 Judgment of: DEPUTY CHIEF JUDGE MCCLELLAND Date of judgment: 13 October 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Review of a Registrar’s decision not to grant urgent listing of interim parenting matter – Where the Registrar’s decision is reviewable pursuant to section 256 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – Where the order for urgent listing sought was not supported by the Applicant’s proposal for Interim Parenting Orders – Application for urgent listing dismissed – Orders made to allow submissions on costs. Legislation: Family Law Act 1975 (Cth) s 60CC
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191, 256(1)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 1.04, 1.07, 1.31, 2.18, 5.04, 14.05, 14.07
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 r 2.01
Family Law Case Management Central Practice Direction paragraphs 1.1, 4.6, 5.10
Cases cited: Bannerman & Frank [2015] FCCA 3171
Dyne & Dyne [2021] FedCFamC1F 96
Feiteiro & Feiteiro [2019] FamCA 647
Hearnes & Jellets [2020] FCCA 2722
Lombardi & Rider [2021] FedCFamC2F 57
Myers & Myers [2011] FMCAfam 1104
Palmer & Palmer [2012] FMCAfam 522
Division: Division 2 Family Law Number of paragraphs: 65 Date of hearing: 30 September 2021 Place: Sydney via web conference Counsel for the Applicant: Mr Glezakos Solicitor for the Applicant: Schetzer Papaleo Family Lawyers Counsel for the Respondent: Ms Mansfield Solicitor for the Respondent: Coote Family Lawyers ORDERS
MLC10271/2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) BETWEEN: MR CANVIN
Applicant
AND: MS JESNEY
Respondent
ORDER MADE BY:
DEPUTY CHIEF JUDGE MCCLELLAND
DATE OF ORDER:
13 OCTOBER 2021
THE COURT ORDERS THAT:
1.The Applicant Father’s Application in a Case filed on 22 September 2021 is dismissed.
2.In the event of the Respondent Mother seeking an order for costs in respect to the Applicant Father’s Application above, she is to provide to my Associate and the Applicant Father’s solicitor written submissions of no more than 3 pages within 7 days of the date of these orders.
3.In the event of the Applicant Father disputing any Application for Costs by the Respondent Mother, he is to, within 7 days of receipt of the Respondent Mother’s written submissions, provide written submissions in reply, of no more than 3 pages, to my Associate and to the Respondent Mother’s solicitors.
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
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CaseChat Overview and Summary
The Court found that the Registrar's decision was indeed reviewable under section 256 of the Act. The Court also considered whether the applicant had provided a sufficient basis for the urgent listing of the interim parenting matter. The Court found that the applicant's proposal for Interim Parenting Orders did not provide sufficient grounds for the urgent listing of the matter. The Court dismissed the applicant's application and ordered that if the respondent sought an order for costs, she was to provide written submissions of no more than three pages within seven days of the date of the order. The applicant was also ordered to provide written submissions in reply within seven days of receipt of the respondent's submissions if he disputed any application for costs. The form of the order was subject to the entry in the Court's records.
Orders
Orders of the court
MLC10271/2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR CANVIN
Applicant
AND:
MS JESNEY
Respondent
ORDER MADE BY:
DEPUTY CHIEF JUDGE MCCLELLAND
DATE OF ORDER:
13 OCTOBER 2021
THE COURT ORDERS THAT:
1. The Applicant Father’s Application in a Case filed on 22 September 2021 is dismissed.
2. In the event of the Respondent Mother seeking an order for costs in respect to the Applicant Father’s Application above, she is to provide to my Associate and the Applicant Father’s solicitor written submissions of no more than 3 pages within 7 days of the date of these orders.
3. In the event of the Applicant Father disputing any Application for Costs by the Respondent Mother, he is to, within 7 days of receipt of the Respondent Mother’s written submissions, provide written submissions in reply, of no more than 3 pages, to my Associate and to the Respondent Mother’s solicitors.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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