Griffis & Coveney

[2021] FamCA 307

FAMILY COURT OF AUSTRALIA

Griffis & Coveney [2021] FamCA 307

File number(s):	SYC 3276 of 2021
Judgment of:	REES J
Date of judgment:	14 May 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Review of a registrar’s decision – Application by the father seeking urgent interim parenting orders – Where the registrar did not grant short notice –Urgency not established – Application for review dismissed.
Number of paragraphs:	8
In Chambers:	14 May 2021
Place:	Sydney
Solicitor for the Applicant:	Barry Nilsson Lawyers
Solicitor for the Respondent:	Barkus Doolan

ORDERS

SYC 3276 of 2021

BETWEEN:

MR GRIFFIS

Applicant

AND:

MS COVENEY

Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	14 MAY 2021

THE COURT ORDERS:

1.That the Application for Review of a decision of a registrar filed 13 May 2021 is dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Griffis & Coveney has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Rees J:

1. On 5 May 2021, Mr Griffis (“the father”) filed an Initiating Application seeking, inter alia, short notice and interim orders providing for supervised contact with two children of his marriage to Ms Coveney. The children are aged nine and seven years.

2. A registrar listed the application for directions on 2 June 2021.

3. The father now seeks a review of the registrar’s listing orders and that the interim application be listed for hearing urgently.

4. In considering the father’s application to review the registrar’s orders I have read the following documents:

   ·The Initiating Application filed 5 May 2021.

   ·The affidavit of the father sworn on 2 May 2021.

   ·The Affidavit – Non-filing of Family Dispute Resolution Certificate of the father sworn 2 May 2021.

   ·The Application for Review filed 13 May 2021.

   ·The letter from Barry Nilsson Lawyers dated 3 May 2021 in relation to urgency.

5. Perusal of those documents reveals that the father has not seen the children since 23 August 2020 when, as a result of his excessive use of cocaine, he suffered a cocaine induced psychosis when the children were in his care.

6. Although the affidavit deposes to attempts to negotiate a resumption of contact with the children with the mother, and it appears from his affidavit that he has instructed his present solicitors since at least 24 September 2020, his evidence does not explain why he chose not to initiate these proceedings until May 2021, some eight months after he last spent time with the children.

7. Those circumstances do not constitute urgency.

8. I confirm the registrar’s listing of the matter for directions.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees.

Associate:

Dated:       14 May 2021