Not sure if anyone can help but at the moment we're just slamming our heads against a brick wall.

Does the Registrar have the power to transfer a matter from the Federal Magaistrates Court to the Family Court. We believe the Federial Magistrate did not give permission to this and it was not consented to be my partner or his legal representative.

We have received orders from the Registrar, it's our belief that only the Federal Magaistrate can make orders without consent.

We have written to the Registrar in Melbourne however they seem to bluff you off. They say they are taking it higher as they don't know and will investigate. In the mean time trial is set down in the Family Court in November. So we pretty much have to file everything even though we did not consent.

Any help is appreciated.

Thanks

G'day supportgf, as far as my limited knowledge goes, a Registrar can't push a case to another court (From the FC to the FMC), but the Judge can. If this was the case, you or your legals should have received a letter stating that and why.

This reply is probably way too late to be of any help, for that I am sorry.

How did you get on?

Keep bashing your head against the wall. Its very unfortunate, but registrars have certain powers to transfer proceedings and make minor decisions on such things as a divorce application.
Very hard to argue the point on a registrars decision as the proceedings are not recorded. Solicitors know this and quite often lie for their own clients ( female )advantage.
I have questioned a registrars decision regarding the transfer of proceedings to no avail it wasnt recorded so no transcripts it was a matter of to bad so sad. Take a voice recorder with you next time and retain it for evidence in front of a magistrate.I do.