Dyne & Dyne

The matter of Dyne and Dyne was before Austin J in the Federal Circuit and Family Court of Australia. The case involved an application for review of the decision of the Registrar to list an interim parenting dispute for hearing three weeks after it was filed. The mother sought an earlier hearing date for the interim parenting dispute, while the father sought to maintain the existing hearing date and proposed substantive interim parenting orders at the review hearing.

The legal issues before the court were whether the interim hearing should be brought forward and what the appropriate hearing date should be for the pending interim parenting dispute. The court was required to determine if any reason existed to persuade that the hearing should be brought forward from the date set by the Registrar.

In dismissing the application for review, the court held that the parties' approach to the review application was misconceived. The purpose of the review application was solely to determine the appropriate hearing date for the pending interim parenting dispute. The court found that no reason had been advanced by the mother to persuade that the hearing fixed on 14 October 2021 should be brought forward. Additionally, the parties informed the court that a Child Inclusive Assessment would be performed by a Family Consultant, and they expected the report flowing from that assessment would be available shortly before the hearing on 14 October 2021.

The court dismissed the application for review filed on 24 September 2021, and the interim hearing remained listed for 14 October 2021. The court found that the parties' approach to the review application was misconceived and that no reason had been advanced to persuade that the hearing should be brought forward. The court also noted that the Child Inclusive Assessment report would likely have some bearing on the outcome of the dispute between the parties.