Kassis and Kassis

[2014] FamCA 1067

FAMILY COURT OF AUSTRALIA

KASSIS & KASSIS [2014] FamCA 1067

FAMILY LAW – PRACTICE AND PROCEDURE – Review of Deputy Registrar’s decision – Where a Deputy Registrar dismissed an application to shorten the time for the listing of an interim application – Where the Deputy Registrar dealt with that application on the papers – Discussion of the Full Court’s decision in Holden & Wolff [2014] FamCAFC 224 – Where in that case the Full Court is not to be taken to say that all processes and procedures in respect of a hearing de novo must take place without regard to the nature of the application being considered – Where it is open to a Justice of the Family Court to deal with an application to review a decision of a Registrar in chambers; in the absence of the parties; without an oral hearing; on the papers and determine the application without requiring notice to be given to the respondent – Where there is insufficient evidence of urgency – Application to shorten time for listing of the interim application dismissed

Family Law Act 1975 (Cth)
Federal Circuit Court Act 2001 (Cth)

Family Law Rules 2004 (Cth)

Federal Circuit Court Rules 2001 (Cth)

Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616
Harris v Caladine (1991) 172 CLR 84
Holden & Wolff [2014] FamCAFC 224

Mears & Mears [2011] FMCA Fam 1104

APPLICANT: Mr Kassis

RESPONDENT: Ms Kassis

FILE NUMBER: SYC 5533 of 2012

DATE DELIVERED: 2 December 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 2 December 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Barkus Doolan

Orders

1. The Application for Review filed 20 November 2014 is dismissed.

2. The Application in a Case filed 13 November 2014 remain listed on 7 January 2015.

IT IS NOTED that publication of this judgment by this Court under the pseudonym  Kassis & Kassis  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 SYDNEY

FILE NUMBER: SYC 5533 of 2012

Mr Kassis

Applicant

And

Ms Kassis

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. In this matter, a Deputy Registrar has dismissed an application to shorten the time for the listing of an interim application. The Deputy Registrar dealt with that application on the papers. The reason given for refusing short notice was “insufficient evidence of urgency”. The applicant has filed an application seeking a review of the Deputy Registrar’s decision.

2. Last week, the Full Court in Holden & Wolff [2014] FamCAFC 224, considered what a Federal Circuit Court Judge had done in circumstances similar to those with which I am now dealing. In that case, the Judge had reviewed a decision of a Deputy Registrar who had refused to shorten the time for the listing of an application. Her Honour had done so, in chambers, on the day the application for review was filed, on the papers filed by the applicant, without notice to…