Moxey & Keirn

This matter concerned an application by Ms Moxey (the Mother) seeking a review of a Registrar's decision to adjourn an interim hearing. The dispute arose within long-running family law proceedings concerning parenting arrangements for the parties' two children. The Registrar had adjourned the interim hearing to allow for the production of subpoenaed material and for the Father and Independent Children's Lawyer to respond to the Mother's case. The review was heard by McClelland J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar's decision to adjourn the interim hearing was appropriate, particularly in light of the Mother's desire for a timely resolution and the overarching principle that cases should be resolved in a just and timely manner at reasonable cost. The Court was required to consider the reasons for the adjournment, including the need for further evidence and submissions, and balance these against the need for expedition.

McClelland J approached the review as an original hearing, re-examining the matter afresh rather than simply looking for error. The Court found that the Registrar's directions, including the filing of a consolidated affidavit, the intervention of the Department pursuant to s 91B of the Family Law Act 1975 (Cth), and the requirement for hair follicle testing for the Mother, were all appropriate measures given the serious allegations made by the parties. The Court noted that the urgency that prompted the Mother's substantive application had been at least partially addressed by interim orders made on 1 June 2021, which were being complied with. The Registrar had acknowledged the Mother's desire for a hearing within six weeks but had allocated the first available date, 20 October 2021, which was deemed appropriate given the necessary steps to be taken.

The Mother's application for review was dismissed. The Court also made orders regarding potential costs submissions by the Independent Children's Lawyer and the Mother's right to reply.