Kalmar and Guidi and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

KALMAR & GUIDI & ANOR [2019] FCCA 2615

Catchwords:
FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39

Federal Circuit Court Rules 2001, r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MR KALMAR

First Respondent: MS GUIDI

Second Respondent: MS KURZ

File Number: PAC 5209 of 2017

Judgment of: Judge Newbrun

Hearing date: 6 September 2019

Date of Last Submission: 6 September 2019

Delivered at: Parramatta

Delivered on: 20 September 2019

REPRESENTATION

The Applicant in person

The First Respondent in person

Ms Hall for the Second Respondent:

Ms Shedden for the Independent Children’s Lawyer:

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 1 October 2019 at 9:30 am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 5209 of 2017

MR KALMAR

Applicant

And

MS GUIDI

First Respondent

MS KURZ

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. The within Reasons for Judgment relate to this Court’s Order of today that these parenting proceedings be transferred to the Family Court of Australia at Parramatta.

2. The subject child is [X] born … 2008.

3. As discussed below, in the view of the court these parenting proceedings are, in particular, complex, and, further, are likely to take in excess of four final hearing days.

4. The Court refers to the very detailed and lengthy family report of family consultant Ms A dated 3 September 2019.

5. According to the mother, she is a C woman whose mob is from Town B area, and thereby the child is aboriginal. 

6. The mother and father are presently legally unrepresented. Today the Court made orders under section 102NA of the Family Law Act, 1975. Accordingly, it is anticipated that legal representatives will be appointed for the parties, through legal aid New South Wales, prior to any final hearing.

7. The child lives with the father and Ms Guidi, his partner.  Also living with the father and his partner are his partner’s children from previous relationships, two daughters. The father is aged 44 years.  Ms Guidi was made a party the proceeding some time ago in circumstances where the father was jailed at a time when the child was living with the father and Ms Guidi, and there existed alleged risks of harm to the child being returned to the mother’s primary care.

8. The child is not presently spending time with the mother.  The mother is aged 37 years.

9. The mother has a child from a previous relationship, [Y], aged 17 years, and that child is under the care of D Child Guardians and she sees him periodically.

10. The mother has historically declined to take up the opportunity to spend time with the child under supervision, the mother…