Winter and Ors and Winter

[2014] FamCA 564

FAMILY COURT OF AUSTRALIA

WINTER & ORS & WINTER [2014] FamCA 564

FAMILY LAW – PRACTICE AND PROCEDURE – Transfer to the Federal Circuit Court pursuant to s 33B of the Family Law Act 1975

Family Law Act 1975 (Cth)

FIRST APPLICANT: Mr Winter

SECOND AND THIRD APPLICANTS: Mr and Mrs Winter Snr

RESPONDENT: Ms Winter

INDEPENDENT CHILDREN’S LAWYER: Ms Wiid

FILE NUMBER: BRC 3637 of 2013

DATE DELIVERED: 21 July 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 21 July 2014

REPRESENTATION

SOLICITOR FOR THE FIRST APPLICANT: Dean Kath Kohler

SOLICITOR FOR THE SECOND AND

THIRD APPLICANTS:

Condon Charles Lawyers

FOR THE RESPONDENT: In person (by telephone)

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Lyrene Wiid Lawyer & Migration Agent

Orders

It is ordered that

1. Pursuant to section 33B of the Family Law Act 1975 (Cth) the proceedings are transferred to the Federal Circuit Court and are listed for mention before Judge Baumann at 9.30 am on 7 August 2014.

2. The directions hearing listed before the Registrar at 11.30 am on 28 August 2014 is vacated.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Winter & Winter has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 3637 of 2013

Mr Winter

First Applicant

And

Mr and Ms Winter Snr
Second and Third Applicants

And

Ms Winter

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I am not satisfied that the issues in the case warrant the attention of this Court, nor am I satisfied, based upon what I have been told today in submissions, that the case is likely to require a trial in excess of four days.

2. On that basis, I propose to order that the proceedings be transferred to the Federal Circuit Court and a specific listing before Federal Circuit Court Judge Baumann at 9.30 am on 7 August 2014. 

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 21 July 2014.

Associate: LH

Date: 21 July 2014