Hachey and Ward (No 2)

[2016] FamCA 876

FAMILY COURT OF AUSTRALIA

HACHEY & WARD (NO 2) [2016] FamCA 876

FAMILY LAW – PROCEDURE – Leave to file Notice of Appeal

Family Law Act 1975 (Cth)

APPLICANT: Ms Hachey

RESPONDENT: Ms Ward

FILE NUMBER: CAC 1586 of 2016

DATE DELIVERED: 10 October 2016

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 10 October 2016

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Phelps Reid Lawyers

COUNSEL FOR THE RESPONDENT: Mr Curtis

SOLICITOR FOR THE RESPONDENT: Leckie Law

Orders

1. Leave is granted to the applicant to file in Court in the Canberra Registry a Notice of Appeal from the decision of the C Town Local Court made on 4 October 2016.

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

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hachey & Ward (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

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 r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1586 of 2016

Ms Hachey

Applicant

And

Ms Ward

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. An application is made on behalf of the applicant, Ms Hachey, for leave to file a Notice of Appeal in the Canberra Registry of the Family Court of Australia in relation to a decision made by the Local Court of New South Wales sitting in C Town.  The Rules, specifically Rule 22.02 provide that a Notice of Appeal is to be filed in the closest registry to the place where the local court made the decision, such registry in this instance being the Newcastle Registry of the Family Court of Australia. 

2. The parties are present to argue various matters in relation to the child related proceedings before me today and an oral application is made to dispense with the operation of Rule 22.02 pursuant to Rule 1.12. 

3. Counsel for the respondent does not oppose the granting of leave and under those circumstances I grant leave.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 10 October 2016.

Associate: 

Date:  14 October 2016