Mueller and Schade

[2014] FamCA 562

FAMILY COURT OF AUSTRALIA

MUELLER & SCHADE [2014] FamCA 562

FAMILY LAW – PRACTICE AND PROCEDURE – Transfer to the Federal Circuit Court pursuant to s 33B of the Family Law Act 1975

Family Law Act 1975 (Cth)

APPLICANT: Ms Mueller

RESPONDENT: Mr Schade

FILE NUMBER: BRC 10089 of 2013

DATE DELIVERED: 21 July 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 21 July 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Morrison Lawyers

SOLICITOR FOR THE RESPONDENT: Richard Zande & Associates

Orders

It is ordered that

1. Pursuant to section 33B of the Family Law Act 1975 (Cth) the proceedings are transferred to the Federal Circuit Court to be listed on a date fixed by that Court.

2. The directions hearing listed before the Registrar at 10.15 am on 28 August 2014 is vacated.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mueller & Schade has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 10089 of 2013

Ms Mueller

Applicant

And

Mr Schade

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I will make formal orders for the proceedings to be transferred to the Federal Circuit Court and vacate the directions hearing before the Registrar that was listed for 10.15 am on 28 August 2014. I will not give it a set date, I will leave that to the Federal Circuit Court, given the parties’ joint contention that any listing would be premature.

2. I will simply record that the issues in this case, and that the parties agree that it was premature for this case to have been transferred to the Family Court in circumstances where expert evidence may or may not resolve the issues concerning sexual abuse of children.  The allegations concern historical allegations involving children who are not children of this relationship, or the subject of these proceedings.

3. An Independent Children’s Lawyer has been appointed and is yet to be involved.

4. On that basis the matter should remain in the Federal Circuit Court unless and until the position changes with respect to the allegations of abuse in circumstances where the Mother has already relocated interstate with the children and there is a regime in place in terms of time and communication with the Father. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 21 July 2014.

Associate:

Date: 21 July 2014