FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lombardi & Rider [2021] FedCFamC2F 57
File number(s): MLC 9239 of 2021 Judgment of: CHIEF JUDGE ALSTERGREN Date of judgment: 16 September 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Review of a Registrar’s decision not to list matter on urgent basis – application dismissed. Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191, 254, 256
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.04, 2.13, 2.18, 5.04, 14.05, 14.07
Cases cited: Bashir & Bashir(No 2) [2020] FCCA 3316
Diacos & Gataki (No 3) [2021] FCCA 1841
Hearnes & Jellets [2020] FCCA 2722
Lynch & Dunstan [2011] FMCAfam 389
Moxey & Keirn [2021] FamCA 615
Myers & Myers [2011] 253 FLR 445
Palmer & Palmer [2012] 263 FLR 265
Petrova & Leighton [2017] FCCA 315
Tadros & Tadros & Ors [2020] FCCA 1118
Vibbard & Garcia (2012) 48 Fam LR 1
Zeller & Whitby [2011] FMCAfam 431
Division: Division 2 Family Law Number of paragraphs: 50 Date of last submission/s: 14 September 2021 Date of hearing: 14 September 2021 Place: Melbourne Solicitor for the Applicant: Hartleys Lawyers The Respondent: In person ORDERS
MLC 9239 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LOMBARDI
ApplicantAND: MR RIDER
Respondent
ORDER MADE BY:
CHIEF JUDGE ALSTERGREN
DATE OF ORDER:
16 SEPTEMBER 2021
THE COURT ORDERS THAT:
1.The Mother’s Application for Review filed 6 September 2021 be dismissed.
2.Each party shall bear their own costs of the Application for Review.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
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 by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
IT IS NOTED that publication of this judgment under the pseudonym Lombardi & Rider is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
CHIEF JUDGE ALSTERGREN
On 18 August 2021, the Mother filed an Initiating Application seeking parenting orders. With that application the Mother sought an order that all times and rules be abridged to allow the matter to be heard on an urgent basis.
On 19 August 2021, a Registrar of the Court decided they were not satisfied the urgency of the application had been demonstrated and refused to give the case greater priority than…
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CaseChat Overview and Summary
The legal issues the court was required to decide included whether the Registrar's decision was appropriate in the circumstances and whether Ms Lombardi had demonstrated sufficient grounds for an urgent listing. The applicant argued that there were urgent family law issues that necessitated an immediate review, while the respondent contended that the matter did not meet the criteria for urgency.
Chief Judge Alstergren considered the evidence and arguments presented by both parties. The judge found that the Registrar's decision was sound and that Ms Lombardi had not sufficiently demonstrated that the matter met the criteria for urgency. Consequently, the court dismissed the application for review and ordered that each party bear their own costs. This decision underscores the importance of meeting the stringent criteria for urgent family law matters.
The final orders were that the applicant’s application for review filed on 6 September 2021 be dismissed and each party bear their own costs of the application for review.
Orders
Orders of the court
MLC 9239 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS LOMBARDI
Applicant
AND:
MR RIDER
Respondent
ORDER MADE BY:
CHIEF JUDGE ALSTERGREN
DATE OF ORDER:
16 SEPTEMBER 2021
THE COURT ORDERS THAT:
1. The Mother’s Application for Review filed 6 September 2021 be dismissed.
2. Each party shall bear their own costs of the Application for Review.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
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.
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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