LEWIS &WITTNER

This matter concerned an application for review of a Registrar's decision in property settlement proceedings. The father sought to challenge the Registrar's refusal to grant a change of venue for the proceedings. Rees J of the Family Court of Australia heard the application for review.

The primary legal issue before the Court was whether the Registrar's decision to refuse the application for a change of venue was correct, and if not, what orders should be made. In considering this, the Court had to weigh various factors, including the potential availability and health of witnesses, the respective locations of the parties, and the costs associated with conducting the proceedings in different locations.

Rees J determined that the balance of considerations favoured dismissing the father's application for a change of venue. The Court noted that while there were some arguments for a change, the potential impact on the wife, particularly concerning her health, and the overall costs involved weighed against such a move. Consequently, the application for a change of venue was dismissed. The Court also made orders for the inspection of documents located out of state and reserved the question of costs.