LINDON and Tyrone

[2018] FCCA 3565

FEDERAL CIRCUIT COURT OF AUSTRALIA

LINDON & TYRONE [2018] FCCA 3565

Catchwords:
FAMILY LAW – Property and 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 LINDON

Respondent: MS TYRONE

File Number: PAC 1519 of 2018

Judgment of: Judge Newbrun

Hearing date: 21 November 2018

Date of Last Submission: 21 November 2018

Delivered at: Parramatta

Delivered on: 7 December 2018

REPRESENTATION

Solicitors for the Applicant: Mr Falzon of Falzon Legal Pty Ltd

Solicitors for the Respondent: Ms Autar of Lander & Rogers (Sydney)

ORDERS

1. These property and parenting proceedings are forthwith transferred to the Family Court of Australia at Parramatta, and are listed for first return on 8 January 2019 at 9:30 am.

NOTATION

The Court refers to its written judgment in relation to the above transfer Order.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1519 of 2018

MR LINDON

Applicant

And

MS TYRONE

Respondent

REASONS FOR JUDGMENT

Introduction

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

2. The wife is from [country omitted] and the husband is from [country omitted].  The husband is aged 40 years, and the wife almost 35 years.  Their relationship spanned some four and a half years, and they have two children, aged two and three.

3. The Court has previously heard a recovery Order application; subpoenae to produce documents interlocutory hearing; and more recently, an interim hearing relating to exclusive occupation of the former matrimonial home, spousal maintenance and restraining Orders.   Following that latter interim hearing, in which, inter alia, voluminous evidence relating to the parties’ financial affairs was tendered in evidence, it has become clear to this Court, for the reasons outlined below, inter alia, that it is in the interests of justice that these parenting and property proceedings be forthwith transferred to the Family Court of Australia.

Issues in dispute

1. The issues in dispute include the following:

   a)Parenting:

   i)The nature and extent of alleged family violence perpetrated by the husband to the wife.

   ii)The parties’ parenting capacity of very young children, one of whom is on the autism spectrum.

   iii)The nature and extent of the husband’s historical involvement with parenting of the children.

   iv)Whether the husband has an anger management problem.

   v)The nature and extent of any mental health issue affecting the parents.

   vi)An allegation of hoarding by the husband against the wife.

   b)Property:

   i)Whether the wife has an interest in Business A as Trustee for the Business A Family Trust.

   ii)The nature and extent of the wife’s financial resources, including any interest in overseas and local entities.

   iii)Whether the wife has historically received payments from the above…