Isaac & Isaac

[2014] FCCA 3173

FEDERAL CIRCUIT COURT OF AUSTRALIA

ISAAC & ISAAC [2014] FCCA 3173

Catchwords:
FAMILY LAW – Parenting orders – application filed at the same time as proceedings on foot in the Victorian Children’s Court – final parenting orders made in 2013 – subsequent Children’s Court proceedings – applicant seeks adjournment until after defended hearing in Children’s Court.

Legislation:
Family Law Act 1975 (Cth) s.69ZK

Cases cited:
Aon Risk Services Australia Limited v Australian National University [2009] HCA 27
Isaac & Isaac [2013] FCCA 136

Applicant: MR ISAAC

Respondent: MS ISAAC

File Number: DGC 400 of 2012

Judgment of: Judge O’Sullivan

Hearing date: 4 August 2014

Date of Last Submission: 4 August 2014

Delivered at: Melbourne

Delivered on: 4 August 2014

REPRESENTATION

Counsel for the Applicant:                Mr T. Gough

Solicitors for the Applicant: Macpherson & Kelley Lawyers

The Respondent: Appeared in person

ORDERS

1. The matter be adjourned for a mention on 24 October 2014 commencing at 10:00 am at the Federal Circuit Court of Australia at Melbourne.

AND THE COURT NOTES:

1. There are proceedings on foot in the Victorian Children’s Court.

2. The proceedings in the Victorian Children’s Court are listed for a 7 day hearing commencing on 25 August 2014.

3. Section 69ZK of the Family Law Act 1975.

IT IS NOTED that publication of this judgment under the pseudonym Isaac & Isaac is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT
COURT OF AUSTRALIA
AT MELBOURNE

DGC 400 of 2012

MR ISAAC

Applicant

And

MS ISAAC

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. Before the Court today, 4 August 2012, are proceedings concerning X born (omitted) 2001 and Y born (omitted) 2005 (“the children”).

2. The applicant, Mr Isaac (“the father”) is the children’s father. The respondent, Ms Isaac (“the mother”) is the children’s mother.

3. The father filed an application on 27 June 2014 which sought the following orders:

   “FINAL ORDERS SOUGHT

   1.That the Husband be excused from further particularising his Application for Final Orders and have leave to file an Amended Application in relation to both parenting and property matters pending the following:

   (a)The joinder of the Department of Human Services to these proceedings;

   (b)The wife filing her responding material.

   2.Such further and other Orders as this Honourable Court considers appropriate.

   INTERIM ORDERS SOUGHT

   1.That pursuant to s.45(2) of the Family Law Act 1975 (“the Act”) the whole of these proceedings be transferred from the Melbourne Children’s Court (Family Division) to the proceedings before Judge O’Sullivan, at the earliest available opportunity.

   2.That all time be abridged to enable this matter to be heard before 28 July 2014.

   3.That pursuant to s91B of the Act, the court requests the intervention in the proceedings of the Secretary of the Department of Human Services (“the Department”) and that a return date be set which allows the Department sufficient time to adequately respond to the court’s request to intervene.

   OR IN THE ALTERNATIVE

   That pursuant to s92A of the Act, the court directs the…