SASTRY & SASTRY (No.3)

[2020] FCCA 2172

FEDERAL CIRCUIT COURT OF AUSTRALIA

SASTRY & SASTRY (No.3) [2020] FCCA 2172

Catchwords:
FAMILY LAW – Parenting and property proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39

Federal Circuit Court Rules 2001, r.8.02

Family Law Act 1975, ss. 75, 79

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MR SASTRY

Respondent: MS SASTRY

File Number: PAC 5927 of 2017

Judgment of: Judge Newbrun

Hearing date: 5 August 2020

Date of Last Submission: 5 August 2020

Delivered at: Parramatta

Delivered on: 6 August 2020

REPRESENTATION

Counsel for the Applicant: Mr R Greenaway of Counsel

Solicitors for the Applicant: John & Co Lawyers

Counsel for the Respondent: Mr B Richards of Counsel

Solicitors for the Respondent:	King & York Lawyers
Counsel for the Independent Children’s Lawyer	Mrs E Stollier of Counsel
Solicitors for the Independent Children’s Lawyer	Brian Samuel & Associates

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 13 August 2020 at 9:00am.

IT IS NOTED that publication of this judgment under the pseudonym Sastry & Sastry (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 5927 of 2017

MR SASTRY

Applicant

And

MS SASTRY

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s proposed Order that these parenting and property proceedings be transferred to the Family Court of Australia at Parramatta.

2. The subject children are a boy, X, aged 11 years, and a girl, Y, aged 8 years.

3. The parents hail from Country F. The Father is aged 40 years, and the Mother 39 years. The parties married in 2002 in Australia. They separated in about April/May 2017.

4. The Father works as a tradesman. The Mother works as a professional for Employer H.

5. On 19 March 2020, the Court, having heard submissions from the parties and the ICL, listed these proceedings as a two-day reserve fixture for 5 August 2020.

6. On 5 August 2020, the Father appeared through Mr B Richards of counsel, the Mother appeared through Mr R  Greenaway of counsel, and the ICL appeared through Mrs E Stollier of counsel. At the outset, counsel submitted that the final hearing of the parenting and property proceedings would, in their view, take 4 days.

7. At the outset, counsel for the Mother informed the Court that a great deal of evidence had arisen since the proceedings were set down for hearing on 19 March 2020.

8. The Father and Mother, through their counsel, further informed the Court that by reason of late served tender bundle documents, the parties’ legal representatives were still inspecting documents, and were not immediately ready to proceed with a final hearing, and there were practical difficulties at the Court with rooms allocated for legal representatives confined to 2 people by reason of the Covid19 protocols.

9. The Court, having heard initial submissions from the parties…