Nowell & Nowell

The case of Nowell & Nowell involved an application by Ms. Nowell for a review of the Registrar's decision to not list the matter on an urgent basis and to transfer the matter into the Evatt List. The application was dismissed by the Court. The dispute between the parties revolved around the interim parenting arrangements for their child, with Ms. Nowell seeking urgent relief due to the unilateral relocation of the child by Mr. Nowell. The Federal Circuit and Family Court of Australia addressed the legal issues concerning the reviewability of the Registrar's decision and the merits of the review application.

The Court determined that while the Registrar's decision regarding the listing date was a reviewable decision under the Federal Circuit and Family Court of Australia Act 2021, the decision to allocate the matter to the Evatt List was not. The Court assessed the decision based on the overarching purpose of the Act, which includes the just determination of proceedings, efficient disposal of the Court's caseload, timely resolution of disputes, and proportionate costs relative to the importance and complexity of the matters in dispute. The Court also considered the core principles outlined in the Central Practice Direction – Family Law Case Management.

In evaluating whether the review application should be allowed, the Court applied the factors set out in Myers & Myers, which include demonstrating a reasonable basis for the substantive orders sought, showing prejudice without an urgent listing, absence of unreasonable delay, and availability of a judicial officer. The Court found that Ms. Nowell had demonstrated a reasonable basis for her substantive orders and that there was no unreasonable delay. However, the Court was not satisfied that Ms. Nowell would be prejudiced in a way that was not common to other matters awaiting the Court's attention, particularly considering the child's first return date was already scheduled for a later date.

The Court concluded that the Mother’s Application for Review filed on 20 September 2021 be dismissed. Each party was ordered to bear their own costs of and incidental to the Application for Review. The decision reflects the Court's commitment to managing resources efficiently and ensuring that the allocation of matters aligns with the overarching purpose and core principles of the Family Law Act and the Court's case management practices.