Rilak and Tsocas

[2016] FamCA 546

FAMILY COURT OF AUSTRALIA

RILAK & TSOCAS [2016] FamCA 546

FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s decision – Where the Registrar rejected for filing the mother’s Application in a Case seeking interim parenting orders and a directions hearing for her Contravention Application – Where there are no extant applications for final orders and therefore the mother is unable to file her application, pursuant to r 5.01(1) of the Family Law Rules 2004 (Cth) – Where the mother’s Contravention Application is already listed for hearing – Application dismissed.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth) r 5.01(1)

APPLICANT: Ms Rilak

RESPONDENT: Mr Tsocas

INDEPENDENT CHILDREN’S LAWYER: Peter Baker Solicitor

FILE NUMBER: SYC 2062 of 2010

DATE DELIVERED: 7 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Justice Stevenson

HEARING DATE: Not applicable - dealt with in Chambers

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr de Robillard by written submissions

THE RESPONDENT: No appearance

INDEPENDENT CHILDREN’S LAWYER: No appearance

Orders

1. The mother’s Application in a Case filed on 4 July 2016 is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2062  of 2010

Ms Rilak

Applicant

And

Mr Tsocas

Respondent

And

Independent Children’s Lawyer

Peter Baker Solicitor

REASONS FOR JUDGMENT

The proceedings

1. On 15 June 2016 the mother, Ms Rilak, attempted to file an Application in a Case by which she sought the following orders:

   1.That the Registrar of this Honourable Court be and is hereby directed to list for a Directions Hearing on an Urgent basis the Contravention Application filed in these proceedings on 17 March 2016;

   2.That such Order be made on an ‘ex parte’ basis pursuant to the provisions of Rule 5.12;

   3.That Notice of this Application and the Supporting Affidavit may be served upon the Father at his email address:  … on or before 4 pm on 15 June 2016.

   4.That non-compliance with any Rules not already complied with be and is hereby waived pursuant to the provisions of R.1.12(2).

   5.That, until further Order, the Father do all necessary to [sic] to ensure that the child [B] be made available to the Mother for supervised contact between 10am and 1pm each Saturday or otherwise determined by the Mother through the services of ‘SUCO’; the first such contact to be provided on or before 72 hours from the date of these Orders.

   6.That the Father do all necessary [sic]…