Collins and Ricardo (No 2)

In *Collins and Ricardo (No 2)*, the dispute concerned competing applications for the transfer of family law proceedings. The mother and child resided in Cairns, while the father lived closer to Wollongong. The proceedings had been listed in Sydney, but the mother had repeatedly failed to appear in person, citing ill health or lack of financial means.

The court was required to determine whether to transfer the proceedings to the Federal Circuit Court at Wollongong or the Family Court at Cairns. A key consideration was the mother's ability to participate fully in the proceedings and in the preparation of a Family Report if the matter remained in Sydney, given her stated difficulties. The court also had to weigh the inconvenience to each party depending on the chosen location, noting the father had travelled to Cairns to spend time with the child.

Rees J found that the matter was not suitable for determination by the Federal Circuit Court. Applying the factors set out in rule 11.18 of the *Family Law Rules 2004* (Cth), her Honour concluded that the balance of competing factors favoured the transfer of the proceedings to Cairns. The court ordered that the proceedings be transferred to the Cairns Registry of the Family Court of Australia.