HARRIS & HADFIELD

In this matter before Judge A Kelly, the dispute concerned parenting orders and a contravention application. The applicant, the father, sought to vary existing parenting orders, while the respondent, the mother, had filed a contravention application. The Independent Children’s Lawyer applied for the proceeding to be transferred to the Melbourne Registry of the Family Court of Australia.

The court was required to determine whether to transfer the proceeding to the Family Court of Australia, strike out an affidavit affirmed by the applicant, and address the costs of the proceedings. The court also needed to consider the implications of existing orders, particularly an order made on 24 February 2012, which had been affirmed by the Full Court of the Family Court of Australia.

The court ordered the transfer of the proceeding to the Family Court of Australia, citing the complexity of the issues raised by the contravention application and the application to vary parenting orders, as well as the anticipated length of any final hearing. The court also struck out the applicant's affidavit affirmed on 14 March 2017 and directed that it, along with certain exhibits, be sealed. Costs were reserved. The respondent's contravention application was to be listed with priority by the Family Court.