Jamie and Jamie and Anor

FAMILY COURT OF AUSTRALIA

JAMIE & JAMIE AND ANOR [2014] FamCA 1084

FAMILY LAW – PRACTICE AND PROCEDURE – Where the proceedings were transferred to the Family Court from the Federal Circuit Court pursuant to r 8.02 of the Federal Circuit Court Rules 2001 – Where a notation appears on the order directing that consideration be given by this Court to the proceedings being heard in the Family Court on an urgent basis and for a party to have leave to appear by telephone – Where the Federal Circuit Court does not have jurisdiction to direct the listing processes of the Family Court nor to determine whether or not a party to proceedings in this Court may appear at a hearing by electronic means – Where the Court is not satisfied that there are any complex issues of fact involved or any complex issues of law that require the determination of the proceedings in the Family Court – Transfer to the Federal Circuit Court pursuant to s 33B of the Family Law Act 1975 (Cth)

Family Law Act 1975 (Cth)
Federal Circuit Court of Australia Act 1999 (Cth)

Family Law Rules 2004 (Cth)
Federal Circuit Court Rules 2001 (Cth)

Correy & Correy & Ors [2014] FCCA 1939

APPLICANT: Ms Jamie

FIRST RESPONDENT: Mr Jamie

SECOND RESPONDENT: Ms Eliot

FILE NUMBER: ROC 591 of 2014

DATE DELIVERED: 5 December 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 5 December 2014

REPRESENTATION

FOR THE APPLICANT: In person

SOLICITOR FOR THE FIRST RESPONDENT: Jamie Mitchell Lawyers

FOR THE SECOND RESPONDENT: In person

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, Brisbane Registry to be listed on a date fixed by that Court.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Jamie & Jamie and Anor 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: ROC 591 of 2014

Ms Jamie

Applicant

And

Mr Jamie

First Respondent

And

Ms Eliot
Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. These parenting proceedings pursuant to Part VII of the Family Law Act 1975 (Cth) (“the Act”) were instituted by the filing of an Initiating Application in the Rockhampton Registry of the Federal Circuit Court on 21 November 2014.

2. A Registrar in the Federal Circuit Court abridged time for the return date of the application in circumstances of a claim for urgency by the applicant with the result that the first return date allocated was 26 November 2014.  

3. Thus, on 26 November 2014 the matter came before Judge Demack of the Federal Circuit Court sitting in Rockhampton.  Judge Demack made a number of orders on that date including an order for the filing of material by the respondents on a timetable with the last relevant date being 12 December 2014, that is next…