Dickens v Dickens

[2017] HCASL 325

DICKENS

v.

DICKENS & ANOR

[2017] HCASL 325
S230/2017

1. The applicant applies for an order under s 40 of the Judiciary Act 1903 (Cth) removing the whole of the cause in SYC739/2010 now pending in the Family Court of Australia.

2. The application does not raise any real issue arising under the Constitution or involving its interpretation. In any event, this Court should not fragment the orderly progression of the proceedings pending in the Family Court (see Bienstein v Bienstein (2003) 195 ALR 225 at 234‑235 [45]; [2003] HCA 7). The application for removal should be dismissed.

3. Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

P.A. Keane
14 December 2017 J.J. Edelman