Kessler and Kessler

[2019] FCCA 1099

FEDERAL CIRCUIT COURT OF AUSTRALIA

KESSLER & KESSLER [2019] FCCA 1099

Catchwords:

FAMILY LAW – Parenting and property 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: MS KESSLER

First Respondent: MR KESSLER

File Number: PAC 68 of 2018

Judgment of: Judge Newbrun

Hearing date: 8 April 2019

Date of Last Submission: 8 April 2019

Delivered at: Parramatta

Delivered on: 8 April 2019

REPRESENTATION

Solicitors for the Applicant:	Ms Monastiriotis of Campbell Paton & Taylor
Counsel for the Respondent:	Ms De Vere
Solicitors for the Respondent:	Nexus Lawyers
Solicitors for the Independent Children’s Lawyer:	Ms Elve of Auslawyers

ORDERS

1. These parenting and property proceedings are forthwith transferred to the Family Court of Australia at Parramatta. The proceedings in that Court are listed for mention on 14 May 2019 at 9:30 am.

NOTATION

The Court will shortly publish Reasons for the transfer of these proceedings to the Family Court of Australia at Parramatta.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 68 of 2018

MS KESSLER

Applicant

And

MR KESSLER

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s Order of 8 April 2019 that these parenting and property proceedings be transferred to the Family Court of Australia.  

2. The Court observes that these proceedings were transferred from the Family Court of Australia to this Court on 26 March 2018.  However, since that time the nature and complexity of these proceedings have escalated significantly.

3. Recently the parenting proceedings took on a significantly different complexion as a result of an incident involving the mother and one of the children at the family home that took place in late January 2019.  The incident involved the mother being intoxicated and the brandishing of a knife in the presence of a child.  The child called 000, the police arrived and the mother was sent to Hospital.  Thereafter the children came into the primary care of the father.  Interim Orders, by consent, were made by this Court on 5 March 2019 that, pending further Order, the children live with the father.

4. The parenting proceedings relate to four children aged eight, twelve, fourteen and fifteen years.

5. The property proceedings, on the wife’s case (see her Case Outline dated 7 April 2019) involve a net property pool of about $5.8 million.  There are contended by the wife to be, inter alia, six items of real estate, at least seven bank accounts of the husband, five joint bank accounts, an alleged debt to the wife’s parents, an inheritance of the husband, and five superannuation policies of the parties.

Issues in dispute

1. The issues in the parenting dispute include the following:

   a)The nature of the mother’s mental health, and its…