House and House

[2014] FamCA 548

FAMILY COURT OF AUSTRALIA

HOUSE & HOUSE [2014] FamCA 548

FAMILY LAW – PRACTICE AND PROCEDURE – Transfer to the Federal Circuit Court pursuant to s 33B of the Family Law Act 1975

Family Law Act 1975 (Cth)

APPLICANT: Ms House

RESPONDENT: Mr House

INDEPENDENT CHILDREN’S LAWYER: Ms Manderson

FILE NUMBER: BRC 11140 of 2012

DATE DELIVERED: 21 July 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 21 July 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Anthony Black Family Law Services

SOLICITOR FOR THE RESPONDENT: McNamara & Associates

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Corney & Lind Lawyers

Orders

It is ordered that

1. Pursuant to section 33B of the Family Law Act 1975 (Cth) the proceedings are transferred to the Federal Circuit Court and are listed for mention before Judge Baumann at 9.30 am on 31 July 2014.

2. The directions hearing listed before the Registrar at 10.15 am on 21 August 2014 is vacated.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 11140 of 2012

Ms House

Applicant

And

Mr House

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I make an order for the transfer of the matter to be mentioned before Federal Circuit Court Judge Baumann at 9.30 am on 31 July 2014.

2. I simply record by way of reasons for the transfer that the issues in the case, albeit significant to the parties and to the children concerned, are not such that they necessarily require the attention of the Family Court rather than the Federal Circuit Court. 

3. I also record that as at 6 June 2014, pursuant to the parties’ joint case summary document, it was estimated that the trial of the matter would take three days.  The legal representatives before me for each of the parties and the Independent Children’s Lawyer confirm again today that the case can be comfortably completed within three days. Even if that estimate is out to some extent there is no reason to suppose that the trial of the case will take longer than four days and in those circumstances the matter ought to be transferred to the Federal Circuit Court and I so order.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 21 July 2014.

Associate:

Date: 23 July 2014