Marino and Bello and Anor

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

[2002] FCA 668

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

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

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

1. 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.

2. The respondents’ and the applicant are estranged. Various allegations of domestic violence committed by the applicant, have been made by the second respondent.

3. It is contended, that the applicant has only had two contacts with X and has never seen Y and Z.

4. 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.

5. A further parental order was sought by the applicant, seeking…