Wiggins & Wiggins - [2023] FedCFamC2F 1462

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Wiggins & Wiggins [2023] FedCFamC2F 1462

File number(s): WOC 1478 of 2023

Judgment of: JUDGE MURDOCH

Date of judgment: 16 November 2023

Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application to review a Registrar’s decision not to urgently list –Application heard in Chambers - Application upheld.

Legislation:
Family Law Act 1975 (Cth) ss 65Z, 65ZAA

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.18(2), 14.05, 14.07(2)

Federal Circuit and Family Court of Australia, Central Practice Direction – Family Law Case Management, 1 September 2021

Cases cited:
Canvin & Jesney [2021] FedCFamC2F 145

Lombardi & Rider [2021] FedCFamC2F 57

Myers & Myers [2011] FMCAfam 1104

Division: Division 2 Family Law

Number of paragraphs: 23

Date of last submission/s: 14 November 2023

Date of hearing: In chambers on 16 November 2023

Place: Sydney

Solicitor for the Applicant: Williamson Isabella Lawyers & Public Notaries

Solicitor for the Respondent: Culleton Lawyers
ORDERS

WOC 1478 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR WIGGINS

Applicant

AND:
MS WIGGINS

Respondent

ORDER MADE BY:

JUDGE MURDOCH

DATE OF ORDER:

16 NOVEMBER 2023

THE COURT ORDERS THAT:
1.The matter is listed for Directions before a Judicial Registrar on 18 December 2023 at 10:00 am.
2.In the event the Father seeks that any Orders be made on an interim basis he is to file and serve an Application in a Proceeding by no later than 4:00 pm on 20 November 2023.
3.The mother is to file and serve any Response and material in support as required by the Federal Circuit and Family Court of Australia (Family Law) Rules2021 (Cth) by no later than 4:00 pm on 15 December 2023.
4.The Application for Review filed by the father on 8 November 2023 is otherwise dismissed.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
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 by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE MURDOCH
INTRODUCTION

These are proceedings with respect to the child of the relationship namely X born in 2014 and currently nine years of age.
Listed today is an Application for Review filed by the father on 8 November 2023 of a listing decision made by a Registrar of the Court on 6 November 2023 (“the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wiggins & Wiggins

Details

AGLC: Wiggins & Wiggins [2023] FedCFamC2F 1462
Case: [2023] FedCFamC2F 1462
Decision Date: 16 November 2023

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Mr Wiggins applied to review a decision by a Registrar to not urgently list a matter relating to his child with Ms Wiggins. The application was heard in chambers and the court found in Mr Wiggins' favour. The central issue before the court was whether the Registrar had erred in not listing the matter on an urgent basis. The court considered the circumstances surrounding the application and the nature of the relief sought by Mr Wiggins.

The court found that the Registrar's decision not to list the matter urgently was incorrect. The court was satisfied that the matter warranted urgent consideration due to the specific circumstances presented by Mr Wiggins. The urgency stemmed from the need to address immediate concerns regarding the welfare of the child, which required timely judicial intervention. The court held that the Registrar had not adequately considered the urgency of the application or the potential impact on the child's welfare. As a result, the court upheld the application for review.

Consequently, the court ordered that the matter be listed for directions before a Judicial Registrar on 18 December 2023. Additionally, Mr Wiggins was required to file and serve an Application in a Proceeding by no later than 20 November 2023 if he sought any interim orders. Ms Wiggins was to file and serve any response and material in support by no later than 15 December 2023. The application for review was otherwise dismissed.

Orders

Orders of the court

WOC 1478 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR WIGGINS

Applicant

AND:

MS WIGGINS

Respondent

ORDER MADE BY:

JUDGE MURDOCH

DATE OF ORDER:

16 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The matter is listed for Directions before a Judicial Registrar on 18 December 2023 at 10:00 am.

2. In the event the Father seeks that any Orders be made on an interim basis he is to file and serve an Application in a Proceeding by no later than 4:00 pm on 20 November 2023.

3. The mother is to file and serve any Response and material in support as required by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) by no later than 4:00 pm on 15 December 2023.

4. The Application for Review filed by the father on 8 November 2023 is otherwise dismissed.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	WOC 1478 of 2023
Judgment of:	JUDGE MURDOCH
Date of judgment:	16 November 2023
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Application to review a Registrar’s decision not to urgently list –Application heard in Chambers - Application upheld.
Legislation:	Family Law Act 1975 (Cth) ss 65Z, 65ZAA Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.18(2), 14.05, 14.07(2) Federal Circuit and Family Court of Australia, Central Practice Direction – Family Law Case Management, 1 September 2021
Cases cited:	Canvin & Jesney [2021] FedCFamC2F 145 Lombardi & Rider [2021] FedCFamC2F 57 Myers & Myers [2011] FMCAfam 1104
Division:	Division 2 Family Law
Number of paragraphs:	23
Date of last submission/s:	14 November 2023
Date of hearing:	In chambers on 16 November 2023
Place:	Sydney
Solicitor for the Applicant:	Williamson Isabella Lawyers & Public Notaries
Solicitor for the Respondent:	Culleton Lawyers

WOC 1478 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR WIGGINS Applicant
AND:	MS WIGGINS Respondent

ORDER MADE BY:	JUDGE MURDOCH
DATE OF ORDER:	16 NOVEMBER 2023