Sampsell & Garard (No 2)

[2021] FCCA 1286

FEDERAL CIRCUIT COURT OF AUSTRALIA

Sampsell & Garard (No 2) [2021] FCCA 1286

File number:	DNC 319 of 2019
Judgment of:	JUDGE YOUNG
Date of judgment:	30 April 2021
Catchwords:	FAMILY LAW – property – where the proceedings are likely to require in excess of four days listing for trial – Court satisfied the proceedings should be transferred to the Family Court of Australia
Legislation:	Family Law Act 1975 (Cth)
Number of paragraphs:	3
Date of hearing:	30 April 2021
Place:	Darwin
Solicitor for the Applicant:	Ms Farmer of Withnalls Lawyers
Solicitor for the Respondent:	Ms Buttigieg of Broun Abrahams Burreket

ORDERS

DNC 319 of 2019

BETWEEN:

MR SAMPSELL

Applicant

AND:

MS GARARD

Respondent

ORDER MADE BY:	JUDGE YOUNG
DATE OF ORDER:	30 APRIL 2021

THE COURT ORDERS THAT:

1.That these proceedings be transferred to the Family Court of Australia, Darwin to be listed on a date to be advised.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Sampsell & Garard (No 2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT
Ex Tempore

JUDGE YOUNG:

1. This is a property matter.  The matter has been listed in the trial call-over list. Two experienced practitioners have today told me that they believe the matter will require more than four days listing for trial. The practitioners make this submission on the basis that there are a number of properties to be valued, including two businesses. I was told that there is some complexity in the matter.

2. I am told there are three lay witnesses and potentially four expert witnesses. I also heard that the parties had retained shadow experts. This might not necessarily add to the length of the trial but where experienced counsel both tell me that the matter is going to be, in all probability, in excess of four days, I accept what they say.

3. The protocol between this Court and the Family Court of Australia is engaged so I will make an order to transfer the matter to the Family Court of Australia. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Young.

Associate:

Dated:       8 June 2021