MOHSEN & COLLINGS

In *Mohsen & Collings*, heard by Judge Harman of the Federal Circuit Court of Australia, the applicant sought parenting orders concerning the children. The core of the dispute involved allegations by the applicant that the respondent mother had manufactured evidence in prior proceedings, leading to a miscarriage of justice.

The central legal issue before the Court was whether the proceedings should be transferred to the Family Court of Australia, and specifically, what considerations were relevant under regulation 8.02 of the Federal Circuit Court Rules. The Court was required to determine if the connection to previous proceedings, which had been heard and determined by Justice Rees of the Family Court and subsequently appealed to the Full Court, warranted a transfer.

Judge Harman reasoned that the applicant's assertion of manufactured evidence and a miscarriage of justice in the earlier proceedings was a significant matter that should be addressed by the trial judge who had presided over those initial proceedings. Given that Justice Rees had previously dealt with the matter, and the current application was intrinsically linked to those earlier determinations, the Court concluded that a transfer to the Family Court was appropriate to ensure continuity and efficient determination of the complex issues.

Consequently, the Court ordered the transfer of the proceedings to the Family Court at Sydney and requested that a Registrar address any procedural issues arising from this transfer.