TAG v RLH [2010] NSWLC 10

Local Court of New South Wales

CITATION: TAG v RLH [2010] NSWLC 10

JURISDICTION: Civil

PARTIES: Applicant: TAG (Father) Respondent: RLH (Mother)

FILE NUMBER:

PLACE OF HEARING: Albury Local Court

DATE OF DECISION: 04/09/2010

MAGISTRATE: Magistrate Lerve

CATCHWORDS: Family Law – Interim Orders – paternity – presumptions as to paternity – jurisdiction of Local Court to make interim orders – relocation – nature of orders.

LEGISLATION CITED: Family Law Act 1975 (Cth)

Goode –v- Goode [2006] Fam FCA 1346 CASES CITED: Morgan & Miles (2007) FLC 93-343 MRR –v- GR [2010] HCA 4 Ulmarra –v- Radley [2010] Fam CA 41

TEXTS CITED:

REPRESENTATION: Ms. E. Hill, Solicitor of Skinner Associates of Albury Ms. D. Garwell of Pogson Cronin Solicitors of Albury as agent for Craney Family Solicitors of Newcastle

ORDERS:

REASONS FOR ORDERS MADE ON TRANSFER TO THE FEDERAL MAGISTRATE'S COURT

1. This matter is in the nature of a Family Law Dispute, and accordingly, one that does not ordinarily come to be considered by the Local Court of New South Wales, this Court being a Court of Summary Jurisdiction. However from time to time this court is called upon to hear and determine matters at least on an interim basis where there is some urgency attending to the matter. 2. Given the mother's unilateral relocation from Albury/Wodonga to the Hunter Valley area, in circumstances where up until that relocation the child spent substantial time with the applicant father, I am of the opinion that there is that urgency in this matter.

3. This matter came before me at Holbrook on 7 April 2010. It was listed at Holbrook because of the perceived urgency attaching to the matter and given that there was hearing time available in the afternoon of 7 April 2010. Submissions continued until after 4pm and I took the view and I remain of the view that it was appropriate to adjourn the matter for proper consideration. These reasons are prepared quite quickly, and essentially in my own time.