Appeal an Order

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Davidfc007

Well-Known Member
26 November 2019
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Hello,
I am an Applicant before the Family Court of Australia.

My Contravention Application was closed by order in the Federal Circuit Court " The matter was transferred to another jurisdiction" and opened in the Family Court.

These are the orders by a federal circuit court:

1. All future hearing dates listed in the Federal Circuit Court of Australia are vacated. 3. Pursuant to r.8.02 of the Federal Circuit Court Rules 2001, these proceedings be transferred to the Family Court of Australia at Brisbane to be listed on a date to be advised. IT IS NOTED: 3 2. The Court requests that the registrar charged with the listings in the Family Court of Australia at Brisbane give consideration to listing the matter with some priority.
3. The application is being transferred pursuant to the protocol agreed between the Chief Judge of this Court and the Chief Justice of the Family Court of Australia because the matter involves complex mental health issues on the part of both parties.

I was told that I was unable to appeal the order because my matter was transferred from one court to the Family Court, but when I was questioned by Justice Baumann in the Family Court about why I did not appeal the above orders, he indicated I could have appealed the order made the federal circuit court, is that true? Is there any lawyers that can point me into information on how I would appeal an order in a matter that is closed?

Thank you :)
 

Atticus

Well-Known Member
6 February 2019
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I was told that I was unable to appeal the order because my matter was transferred from one court to the Family Court
Being a discretionary transfer, I reckon that advice is correct >>>> (6) An appeal does not lie from a decision of the Federal Circuit Court of Australia in relation to the transfer of a proceeding under subsection (1).
SOURCE >>>> FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 39 Discretionary transfer of proceedings to the Federal Court or the Family Court

Even if you were able to appeal (be given leave to appeal out of time is your first hurdle) you would need a good reason & some facts to back up why you consider the FCCoA would be a better venue to hear the case than the FCoA ..... Very complex child related cases generally finish being heard by the FCoA after all
 

Davidfc007

Well-Known Member
26 November 2019
17
0
76
Being a discretionary transfer, I reckon that advice is correct >>>> (6) An appeal does not lie from a decision of the Federal Circuit Court of Australia in relation to the transfer of a proceeding under subsection (1).
SOURCE >>>> FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 39 Discretionary transfer of proceedings to the Federal Court or the Family Court

Even if you were able to appeal (be given leave to appeal out of time is your first hurdle) you would need a good reason & some facts to back up why you consider the FCCoA would be a better venue to hear the case than the FCoA ..... Very complex child related cases generally finish being heard by the FCoA after all
Thank you for your reply. The same order that was made to transfer to the family court also withdraw all access to my daughter, Justice Baumann wasn’t clear when he said I could appeal, he asked the ICL if there were matters open in the federal circuit court, which there are not and then just moved on.
I haven’t seen my daughter since that order and the Justice was questioning why I had not appealed but looks like I couldn’t appeal if I wanted to 😥 the Court seems to only want to break people, there is no application to withdraw my access to the court, a verbal submission was made by and ICL, but nothing on record, Justice Baumann seemed surprised that nothing was on record as to why the access was withdrawn, is that how it works? I feel like I’m in a horror movie when dealing with these people
 

Atticus

Well-Known Member
6 February 2019
1,664
223
2,394
Justice Baumann wasn’t clear when he said I could appeal, he asked the ICL if there were matters open in the federal circuit court, which there are not and then just moved on.
If there were any related cases still with the FCCoA then that may have changed things a little (Still doubt leave to appeal the transfer would have been possible though)
I haven’t seen my daughter since that order ......... there is no application to withdraw my access to the court, a verbal submission was made by and ICL, but nothing on record,
So sorry to hear this. As a SRL, the ICL can communicate certain things to you ..... How were things left at the hearing on the day? .... Any sort of case plan mentioned? ...interim orders? .... Is there another date fixed?

How are you going for support? ... May be difficult, but it's important that you maintain your own physical & mental health as much as possible.
 

Davidfc007

Well-Known Member
26 November 2019
17
0
76
I applied to the family court to remove the ICL, she consented in front of Justice Forrest and is now being investigated by Legal Services Commission for lying and misleading a federal court judge.

The family court is broken, it’s setup to protect promote and support abuse and discrimination, the real world doesn’t operate like the family court, evidence is used to convict people not lies by lawyers like Vinita Khushal!