DONALDS & DONALDS (No.3)

[2021] FCCA 841

FEDERAL CIRCUIT COURT OF AUSTRALIA

DONALDS & DONALDS (No.3) [2021] FCCA 841

Catchwords:
FAMILY LAW – Oral application – jurisdiction of the Federal Circuit Court – application dismissed.

Legislation:

Commonwealth Constitution

Family Law Act 1975 (Cth)

Applicant: MR DONALDS

Respondent: MS DONALDS

File Number: MLC 11505 of 2020

Judgment of: Judge Carter

Hearing date: 1 April 2021

Date of Last Submission: 1 April 2021

Delivered at: Melbourne

Delivered on: 1 April 2021

REPRESENTATION

Solicitors for the Applicant: Mr Sam David

Solicitors for the Respondent: Ms Danielle Webb

Counsel for the Independent Children’s Lawyer: Ms Emma Heggie

Solicitors for the Independent Children’s Lawyer: Nicholes Law

ORDERS

1. Order 1 of the orders made 11 March 2021 and amended on 24 March 2021 be discharged.

2. Order 2 of the orders made 21 December 2020 be stayed until 9 June 2021.

3. The Mother’s oral application that the proceedings be stayed pending the determination of whether the Federal Circuit Court of Australia has jurisdiction to hear parenting matters be dismissed.

4. The children X born in 2019 and Y born in 2021 live with the Mother until further order.

IT IS NOTED that publication of this judgment under the pseudonym Donalds & Donalds (No 3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 11505 of 2020

MR DONALDS

Applicant

And

MS DONALDS

Respondent

REASONS FOR JUDGMENT

1. The application that Ms Donalds makes, effectively, orally today is that these proceedings be stayed on the basis that she raises questions about whether or not this Court has jurisdiction to deal with parenting matters. She says it does not.  I find that there is absolutely no basis to that application.  It is wholly misconceived and incorrect.

2. It is abundantly clear that this Court does have the powers to make orders pursuant to the Family Law Act 1975 (Cth) (‘Family Law Act’).  The Australian Constitution makes it abundantly clear that the Parliament has power to make laws in relation to a number of matters specifically setting out divorce and matrimonial causes, and in relation thereto, parental rights and the custody and guardianship of infants.

3. It is also abundantly clear that the Commonwealth Government has power to set up Federal Courts, of which this is one, and to set out what powers that Court has, which they have done also in the Family Law Act. 

4. Accordingly, the oral application to stay these proceedings for want of jurisdiction is dismissed.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Carter

Associate: 

Date: 28 April 2021