Greenfield & Conley (No 3)

FEDERAL CIRCUIT COURT OF AUSTRALIA

Greenfield & Conley (No 3) [2021] FCCA 426

File number:

DNC 314 of 2019

Judgment of:

JUDGE YOUNG

Date of judgment:

5 March 2021

Catchwords:

FAMILY LAW – parenting – contravention application – overseas child order – whether the application alleging contravention of the overseas child order is maintainable – whether the presumption of interpretation against retrospective operation applies – whether the court is required to cancel the registration in Australia of the overseas child order – where the overseas child order was registered in the Federal Circuit Court on 16 April 2020 – where the alleged contravention of the overseas child order occurred before registration – where a Registrar made a Subdivision C parenting order subsequent to the registration of the overseas child order – where no indication the Registrar was aware the overseas child order was registered when making the Subdivision C parenting order – where no indication the Registrar was satisfied of the threshold requirements to exercise jurisdiction – court satisfied the presumption of interpretation against retrospective operation does not apply – court satisfied the contravention application is maintainable – court not satisfied it is required to cancel the registration of the overseas child order

Legislation:

Compensation to Relatives Act1897 (NSW)

Family Law Act 1975 (Cth) ss 70G, 70H, 70J, 70K, 70L

Judiciary Act 1903–1920 (Cth)

Federal Circuit Court Rules 2001 (Cth) r 16.05

Cases cited:

Attorney-General of NSW v World Best Holdings (2005) 63 NSWLR 557

Boral Windows v Industry Research and Development Board (1998) 83 FCR 215

Lauri v Renad [1892] 3 Ch R 402

Leggett & Domroese (1996) 20 Fam LR 213

Maxwell v Murphy (1957) 96 CLR 261

Minister for Home and Territories v Smith (1924) 35 CLR 120

Simpson & Brockmann (2010) 237 FLR 458

Trnka & Trnka (1984) 10 Fam LR 213

Number of paragraphs:

29

Date of last submission:

12 February 2021

Date of hearing:

12 February 2021

Place:

Darwin

Counsel for the Applicant:

Ms Brasch QC

Solicitors for the Applicant:

Ward Keller

The Respondent:

Appearing on her own behalf

ORDERS

DNC 314 of 2019
BETWEEN:	MR GREENFIELD Applicant
AND:	MS CONLEY Respondent

ORDER MADE BY:	JUDGE YOUNG
DATE OF ORDER:	5 MARCH 2021

THE COURT ORDERS THAT:

1.The mother’s contravention application is to proceed and is listed for hearing at 10:00am on 30 July 2021.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

REASONS FOR JUDGMENT

JUDGE YOUNG:

1. This is a parenting case about X, who is seven years old. The mother has made an application alleging contravention by the father of orders made on 30 January 2018[1] by the City A Juvenile and Domestic Relations Court in the state of…