FEDERAL CIRCUIT COURT OF AUSTRALIA
| MARINO & BELLO & ANOR | [2020] FCCA 1727 |
| Catchwords: FAMILY LAW – Application in a Case – Parenting orders – best interests of the children – Reasonable apprehension of bias – abuse of process – multiple proceedings – whether the threshold issue is worthy of consideration – whether summary dismissal should be ordered – the application in a case is dismissed. |
| Legislation: Family Law Act 1975 (Cth), s.65C(c) |
| Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Mankiewicz and Anor v Swallow and Anor [2016] FamCAFC 153 Pelerman v Pelerman (2000) 26 Fam LR 505 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs |
| Applicant: | MR MARINO |
| First Respondent: | MR BELLO |
| Second Respondent: | MS BELLO |
| File Number: | PAC 437 of 2020 |
| Judgment of: | Judge Humphreys |
| Hearing date: | 26 June 2020 |
| Date of Last Submission: | 26 June 2020 |
| Delivered at: | Parramatta |
| Delivered on: | 26 June 2020 |
REPRESENTATION
| Applicant in person | Appeared at the hearing at 10:00am, however, did not appear when judgment was delivered at 11:30am |
| Counsel for the Respondents: | Ms Dart |
ORDERS
The Application of 16 June 2020 be dismissed.
The Applicant to file and serve a Case Summary Outline for the Summary Dismissal Application on or before 10 July 2020.
Direct that Applicant limit the Case Summary Outline document to 20 pages in length.
The Respondent to file and serve any submissions in response on or before 17 July 2020.
Direct that no further evidence or Applications be filed by the applicant, other than a case summary document referred to in Order 2 and the Registry is directed, not to receive those documents.
Any other listings of this matter be vacated, pending the decision of the Summary Dismissal Application.
Costs for today be reserved.
d
IT IS NOTED that publication of this judgment under the pseudonym Marino & Bello & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PARRAMATTA |
PAC 437 of 2020
| MR MARINO |
Applicant
And
| MR BELLO |
First Respondent
| MS BELLO |
Second Respondent
REASONS FOR EX TEMPORE JUDGMENT
(As revised from transcript)
Introduction
Mr Marino (“the applicant”), is the brother of Ms Bello (“the second respondent”). The first and second respondents are the parents of three children; X (“X”), 7 years of age, Y (“Y”), 4 years of age and Z (“Z”), 3 years of age.
The respondents’ and the applicant are estranged. Various allegations of domestic violence committed by the applicant, have been made by the second respondent.
It is contended, that the applicant has only had two contacts with X and has never seen Y and Z.
On 30 January 2020, the applicant filed an Initiating Application seeking orders that he be allowed to spend reasonable time with each of the three children named above and attend any and all important life events including, but not limited to, Birthdays, Christenings, Christmas etcetera.
A further parental order was sought by the applicant, seeking…
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- Case
- [2020] FCCA 1727
- Decision Date
CaseChat Overview and Summary
The court's reasoning focused on the overarching principle of the best interests of the children in parenting proceedings. Judge Humphreys considered the allegations of bias and abuse of process in light of the need for finality and efficiency in family law matters. The court determined that the application, as presented, did not meet the necessary threshold to warrant further consideration in a manner that would delay or disrupt the primary parenting proceedings.
Consequently, the court ordered the dismissal of the Application of 16 June 2020. Further directions were given regarding the filing of a Case Summary Outline for the summary dismissal application, with limitations on its length, and the filing of submissions in response. The court also directed that no further evidence or applications be filed by the applicant, other than the specified case summary, and that any other listings of the matter be vacated pending the decision on the summary dismissal application. Costs for the day were reserved.
Orders
Orders of the court
1.
The Application of 16 June 2020 be dismissed.
2.
The Applicant to file and serve a Case Summary Outline for the Summary Dismissal Application on or before 10 July 2020.
3.
Direct that Applicant limit the Case Summary Outline document to 20 pages in length.
4.
The Respondent to file and serve any submissions in response on or before 17 July 2020.
5.
Direct that no further evidence or Applications be filed by the applicant, other than a case summary document referred to in Order 2 and the Registry is directed, not to receive those documents.
6.
Any other listings of this matter be vacated, pending the decision of the Summary Dismissal Application.
7.
Costs for today be reserved.
d
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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