Steiner and Steiner

[2019] FCCA 1280

FEDERAL CIRCUIT COURT OF AUSTRALIA

STEINER & STEINER [2019] FCCA 1280

Catchwords:
FAMILY LAW – Property and parenting 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

Cases cited:
Morris & Rosetti [2017] FamCA 249

Applicant: MS STEINER

Respondent: MR STEINER

File Number: PAC 1344 of 2016

Judgment of: Judge Newbrun

Hearing date: 29 April 2019

Date of Last Submission: 6 May 2019

Delivered at: Parramatta

Delivered on: 21 May 2019

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondent: Mr Bailey

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 29 May 2019 at 9:30 am.

IT IS NOTED that publication of this judgment under the pseudonym Steiner & Steiner is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1344 of 2016

MS STEINER

Applicant

And

MR STEINER

Respondent

REASONS FOR JUDGMENT

Introduction

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

2. The husband and wife are both professionals.  The wife is self-represented and the husband has legal representation.

3. On 10 April 2016, property and parenting Orders were made by consent in the Family Court of Australia at Parramatta.

4. On 21 February 2018 the wife caused the children to commence proceedings in the Equity Division of the Supreme Court of New South Wales against the husband, inter alia, seeking certain orders relating to property. By an Amended Statement of Claim filed pursuant to orders made in that Court on 30 January 2019, the children seek certain declaratory and other relief against the husband in relation to certain property.

5. On 30 January 2019 the wife filed an Initiating Application in this Court seeking certain relief under section 79A of the Family Law Act 1975 (Cth), which the husband contends overlaps with the relief sought by the children in the above Supreme Court of NSW proceedings. The husband now seeks an Order that the final relief sought by the wife in her Initiating Application pertaining to her section 79A application, specifically proposed final Orders 8 to 12, be transferred to the Supreme Court of NSW. This issue presently requires determination by the Family Court of Australia. That Court may need to determine, inter alia, whether, in the interests of justice, both the wife’s section 79A application and her additional proposed parenting Orders should be heard in the Family Court of Australia rather than effectively splitting the proceedings into two separate courts.

Issues in dispute

1. The issues in dispute include the following:

   a)Whether the final relief sought by the wife in her Initiating Application pertaining to her section 79A application, specifically proposed final Orders 8 to 12, should be transferred to the Supreme Court of NSW, or…