Federal Circuit and Family Court of Australia
(DIVISION 2)
Lawson & Glenning [2021] FedCFamC2F 118
File number(s):
MLC 8031 of 2021
Judgment of:
JUDGE RIETHMULLER
Date of judgment:
15 September 2021
Catchwords:
FAMILY LAW – costs – Review of Registrar’s decision – Review Application futile – overarching purpose of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – Registrar’s hearing not to be treated as ‘dry-run’ or ‘practice –run’ at a case – costs awarded
Legislation:
Family Law Act 1975 (Cth) s 117
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191
Division:
Division 2 Family Law
Number of paragraphs:
27
Date of last submission/s:
15 September 2021
Date of hearing:
15 September 2021
Place:
Melbourne (via Microsoft Teams)
Counsel for the Applicant:
Mr Allen
Solicitor for the Applicant:
Knight Family Lawyers
Solicitor for the Respondent:
Shane McClure
Solicitor for the Independent Children's Lawyer:
Bowlen Dunstan & Associates Pty
ORDERS
MLC 8031 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LAWSON
Applicant
AND:
MS GLENNING
Respondent
AND:
INDEPENDENT CHILDREN’S LAWYER
order made by:
JUDGE RIETHMULLER
DATE OF ORDER:
15 SEPTEMBER 2021
THE COURT ORDERS, BY CONSENT, THAT:
1. The Application for Review dated 6 September 2021 be dismissed.
AND THE COURT FURTHER ORDERS THAT:
2. The Applicant pay the Respondent’s costs of the Application for Review fixed in the amount of $880.00 AND THAT the Applicant have six months to pay.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment under the pseudonym Lawson & Glenning is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE RIETHMULLER:
This is a cost application concerning a review application made to review an interim decision of a Registrar of the Court in a parenting case, which was dismissed by consent.
The Registrar dealt with the parenting matter on 31 August 2021 and made a number of orders (including that the children reside with the mother and for the appointment of an Independent Children’s Lawyer) before adjourning the matter over to Friday of this week. During that adjourned period, the parties were given directions so as to enable them to file further material prior to 17 September 2021 and further affidavits to be filed and served by 14 September 2021 and various documents by 16 September 2021.
The substantive parts of the orders that the Registrar made on that date should not have been unexpected on the material before the Court. The father is seeking time with the children and alleges that the children are at risk in the mother’s household. The mother alleges that the children are at risk with the father. The Registrar reserved the question of time with the father, bearing in mind that the matter was coming back…
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- AGLC
- Lawson & Glenning [2021] FedCFamC2F 118
- Case
- [2021] FedCFamC2F 118
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the review application was futile, as well as considering the overarching purpose of the Federal Circuit and Family Court of Australia Act 2021. Additionally, the court examined whether the Registrar’s hearing should be treated as a 'dry-run' or 'practice-run' at a case. In assessing these issues, the court noted that the review process is not intended to be a means for re-litigation, and that the overarching purpose of the Act is to ensure the efficient and effective administration of justice. The court found that the review application was indeed futile, as the Applicant was essentially seeking to re-litigate the matter.
Consequently, the court dismissed the review application and awarded costs to the Respondent. The Applicant was ordered to pay the Respondent’s costs of the review application, fixed in the amount of $880.00, with a six-month period allowed for payment. The court emphasised that the Registrar’s hearing was not to be treated as a 'dry-run' or 'practice-run' of the case. This decision highlights the importance of adhering to the intended purpose of the review process and avoiding the use of the process for re-litigation.
Orders
Orders of the court
THE COURT ORDERS, BY CONSENT, THAT:
1. The Application for Review dated 6 September 2021 be dismissed.
AND THE COURT FURTHER ORDERS THAT:
2. The Applicant pay the Respondent’s costs of the Application for Review fixed in the amount of $880.00 AND THAT the Applicant have six months to pay.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment under the pseudonym Lawson & Glenning is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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