Sachar & Kalita

[2021] FamCA 264

FAMILY COURT OF AUSTRALIA

Sachar & Kalita [2021] FamCA 264

File number(s):

MLC 5428 of 2018

Judgment of:

GILL J

Date of judgment:

4 May 2021

Catchwords:

FAMILY LAW – Transfer of matters between the Family Court of Australia and Federal Circuit Court – Discretion to transfer part proceedings – Undesirability of part transfer – Undesirability of splitting proceedings between courts – Particular circumstances.

Legislation:

Family Law Act 1975 (Cth) ss 33A, 33B & 33C

Family Law Rules 2004 (Cth) rr 11.17 & 11.18

Cases cited:

Kaly & Kaly [2007] FamCA 628

Morris & Rosetti [2017] FamCA 249

Number of paragraphs:

49

Date of hearing:

27 April 2021

Place:

Canberra

Solicitor for the Applicant:

Self-representing

Solicitor for the Respondents:

Legal Aid, ACT

Solicitor for the Respondents:

No appearance by or on behalf of Mr B Sachar

ORDERS

MLC5428/2018

BETWEEN:

MR SACHAR
Applicant

AND:

MR KALITA
First Respondent

MR B SACHAR
Second Respondent

ORDER MADE BY:	GILL J
DATE OF ORDER:	4 MAY 2021

THE COURT ORDERS THAT:

1.Pursuant to the Court’s discretion under s 33B of the Family Law Act 1975 (Cth), the property proceedings between the applicant father, respondent mother, and the second respondent will not be returned by transfer back to the Federal Circuit Court.

2.Pursuant to the Court’s discretion under s 33B of the Family Law Act, the child related matter relating to the second respondent’s application will not be returned by transfer to the Federal Circuit Court.

3.The matter is re-listed for directions on 3 June 2021 at 9 am.

4.An interpreter be provided for Mr Sachar. 

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

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 17.02 Family Law Rules 2004 (Cth).

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

REASONS FOR JUDGMENT

GILL J

1. This judgment concerns the transfer of aspects of the proceedings between the three parties from the Federal Circuit Court to the Family Court of Australia, whilst a portion of the proceedings between the mother and father remain on foot in the Federal Circuit Court, awaiting judgment.

2. The property and child related proceedings were before the Federal Circuit Court for hearing on 6 to 8 October 2020.  They concern, as far as I can identify, property proceedings touching on all three parties, with a s 106B application bearing upon the second respondent, who is the brother of the father, and also a late application (made on 7 October 2020, the second day of the trial) by the second respondent to spend time with, and to communicate with, the children of the mother and father.

3. The father filed an…