Hearnes & Jellets

The Father sought a review of a Registrar's decision not to urgently list a substantive application. The proceedings were before Judge C E Kirton QC in the Federal Circuit and Family Court of Australia.

The central legal issue was whether the Registrar's decision was a reviewable decision. The Father had not sought an abridgment of time or an exemption from the rules concerning the service of applications.

The Court reasoned that the allocation of a hearing date is an administrative act, not a judicial one. Consequently, the Registrar's decision was deemed a non-reviewable administrative decision. As such, the Court held it had no jurisdiction to review the Registrar's decision.

The Father's Application for Review was dismissed, with no order as to costs.