RAVAL & RAVAL

This matter concerned an application by the wife for a review of a Registrar's decision not to transfer proceedings from the Family Court of Australia to the Federal Circuit Court of Australia. The parties disagreed on the complexity of the issues and the estimated hearing time. The husband contended that the wife was precluded from appealing the Registrar's transfer decision by section 33B(8) of the *Family Law Act 1975* (Cth).

The primary legal issues before the Court were whether the Registrar's decision was subject to review, and if so, whether the proceedings should be transferred to the Federal Circuit Court. The Court was required to consider the application of section 33B(8) of the *Family Law Act* and the factors outlined in rule 11.18 of the *Family Law Rules 2004* (Cth) in determining the appropriate forum for the proceedings.

Rees J held that the Registrar's decision was an exercise of delegated power, and therefore, the application for review would proceed as a hearing *de novo*. Applying the balance of competing factors under rule 11.18, the Court determined that the matter should remain in the Family Court. Consequently, the wife's application to transfer the proceedings to the Federal Circuit Court was dismissed.