Crestin and Algar and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

CRESTIN & ALGAR & ANOR [2019] FCCA 3232

Catchwords:
FAMILY LAW – Proceedings transferred to the Family Court of Australia – order made.

Legislation

Family Law Act 1975 (Cth), ss.75, 79
Federal Circuit Court of Australia Act 1999 (Cth), s.39

Federal Circuit Court Rules 2001 (Cth), r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Re W: Publication Application (1997) 137 FLR 205

Applicant: MS CRESTIN

First Respondent: MR ALGAR

Second Respondent: MR HOOKE

File Number: PAC 2862 of 2018

Judgment of: Judge Newbrun

Hearing date: 5 November 2019

Date of Last Submission: 5 November 2019

Delivered at: Parramatta

Delivered on: 18 November 2019

REPRESENTATION

Solicitors for the Applicant: Ms Lonsdale

Solicitors for the Respondents: Mr Donaldson

Solicitors for the Independent Children’s Lawyer: Mr Ng

ORDERS

1. These parenting proceedings are forthwith transferred to the Family Court of Australia at Parramatta at 26 November 2019 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 2862 of 2018

MS CRESTIN

Applicant

And

MR ALGAR

First Respondent

MR HOOKE

Second Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s Order of 5 November 2019 that these parenting proceedings be transferred to the Family Court of Australia at Parramatta.

2. The subject children are 2 children; a boy, X, born … 2015, and another boy, Y, born … 2013.

3. The First Respondent father (the father) is aged 44 years.  The mother is aged 34 years.  The parties commenced cohabitation in about … 2016 with final separation being in May 2018.

4. The Second Respondent father is the biological father of Y but to date he has not engaged in the proceedings.

5. Information was provided by the parties to the Court on 5 November 2019 such that it is clear that the parenting proceedings are, inter alia, unlikely to be completed within four days of final hearing, and in any event, are complex.

6. The father will give evidence, and call 5 lay witnesses.  He also proposes to issue subpoenae to attend and give evidence to 3 health professionals and a school counsellor. The mother will give evidence and proposes to call a lay witness and her treating psychologist. There will be expert parenting related evidence from Dr A. 

Issues in dispute

1. The issues in dispute include the following:

   (1)Parenting:

   a)      the nature and extent of each parent’s relationship with each child;

   b)      the nature and extent of alleged family violence perpetrated by the parties towards each other, and towards the children, and the relevance of same for each party’s parenting capacity.

   c)      the parenting capacity of each party;

   d)      the views of the children;

   e)      the mental health of the children, including alleged emotional and physical abuse committed by the parties towards the children;

   f)      the mental health of the parties;

   g)      the nature and extent of Y’s cerebral…