VIXES & VIXES

[2011] FamCA 37

FAMILY COURT OF AUSTRALIA

VIXES & VIXES [2011] FamCA 37

FAMILY LAW – PRACTICE AND PROCEDURE – Transfer to Federal Magistrates Court

Family Law Act 1975 (Cth)

APPLICANT: Ms Vixes

RESPONDENT: Mr Vixes

FILE NUMBER: MLC 978 of 2010

DATE DELIVERED: 3 FEBRUARY 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: IN CHAMBERS

UPON RECEIPT OF A JOINT LETTER FROM

SOLICITOR FOR THE APPLICANT: MAEVE O’BRIEN & ASSOCIATES

SOLICITOR FOR THE RESPONDENT: SUSAN SNYDER

Orders

1. That the application of the wife filed 4 February 2010 and the response thereto filed by the husband on 22 March 2010 are transferred to the Federal Magistrates Court of Australia for listing at a directions hearing on a date to be fixed.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 978  of 2010

MS VIXES

Applicant

And

MR VIXES

Respondent

REASONS FOR JUDGMENT

1. The wife filed an application on 4 February 2010 to which the husband responded on 22 March 2010.  Each of the parties has filed an affidavit purporting it to be their evidence in chief and a financial statement. 

2. Each of the parties sought undefined financial orders and the wife undefined parenting orders.

3. The parties have had a case assessment conference and a conciliation conference and have filed an affidavit by the valuer as to the real properties.

4. The matter was about to be called over for allocation to a judge’s docket.  On 18 January 2011, the parties wrote to the registrar requesting the matter be transferred to the Federal Magistrates Court of Australia.

5. On the basis that the parties desire that course and all preliminary stages appear to have been completed including the filing of affidavit material, the case would appear to be ready for trial.  Although there are clearly housekeeping matters to be completed such as the filing of amended documents indicating what precise orders are being sought, the only inference I can draw is that this is a matter appropriate for the Federal Magistrates Court processes on the basis of what the parties have said. 

6. I note the expectation of the parties that they intend to pursue interim orders on the first return date which I suspect is a little optimistic having regard to the fact that their unresolved interim issues have remained outstanding for a period of 12 months.

7. On the basis of the desire of the parties and the indications within the file of the nature of the proceedings, I shall transfer it.

I certify that the preceding Seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 3 February 2011.

Associate: 

Date: