JEBBETT & COREY

The parties in this matter were the mother and the father, with the dispute concerning the mother's application to review a Registrar's decision to list her August application for hearing before a Senior Registrar. The mother contended that her August application should be heard by the original trial judge, particularly given that an appeal from the primary parenting order and a refusal of a stay of that order were pending. The proceedings were before Carew J in the Family Court of Australia.

The court was required to determine two primary legal issues. Firstly, whether there was any statutory or other requirement that the original trial judge must hear the mother's August application, or conversely, if there was any impediment to a Senior Registrar hearing the matter. Secondly, the court had to consider the merits of the mother's August application itself, which sought to stay and vary a final parenting order made in May 2019.

In relation to the first issue, Carew J found no statutory requirement compelling the original trial judge to hear the matter, nor any provision preventing a Senior Registrar from doing so. Regarding the merits of the mother's application, the court noted that the application for a stay had already been dismissed by the trial judge in October 2019. Furthermore, the court observed that there was no extant application for final orders, and the parenting proceedings at first instance were functus officio. The mother's August application was therefore treated as an Initiating Application. The court concluded that the application was essentially an attempt to reargue matters already considered by the trial judge, and that there had been no change in circumstances since the primary order was made that would warrant the variation sought.

Consequently, the mother's application for review of the Registrar's decision was dismissed. The mother's August application, treated as an Initiating Application, was also dismissed.