Fierro & Bien [2026] FedCFamC1A 14 (29 January 2026)

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. On 9 November 2025 the appellant (Mr Fierro) filed an Amended Notice of Appeal against certain Orders made by the primary Judge on 5 November 2025.
2. On 15 December 2025 the appeal was listed for hearing before the Full Court sitting in Melbourne on 25 February 2026.
3. Pursuant to section 32 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) - a single Judge may hear and determine the appellant's adjournment application:

32 Exercise of appellate jurisdiction

...

(3) A single Judge (sitting in Chambers or in open court) or a Full Court of the Federal Circuit and Family Court of Australia (Division 1) may:

(c) make an interlocutory order pending, or after, the determination of an appeal to the Court; or

(5) An application for the exercise of a power mentioned in subsection (3) must be heard and determined by a single Judge unless:

(a) the Chief Justice directs that the application be heard and determined by a Full Court; or

(b) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.

1. On 15 January 2026 the appellant filed an Application in an Appeal and an accompanying affidavit. It transpires that the appellant's attendance is required to attend a mediation on 25 February 2026 at 10.00 am at Street T, Sydney in relation to an application that the appellant has brought against the Professional body. That mediation was ordered on 10 December 2025 by a Senior Member of a Tribunal.
2. In his Application in an Appeal, the appellant seeks an adjournment of the hearing of the appeal because of his own unavailability on 25 February 2026 by reason of his own attendance at a mediation at a Tribunal on that date.
3. On 21 January 2026 the Court listed the appellant's Application in an Appeal for a Chambers Hearing and, at the same time, issued directions for the conduct of the Chambers Hearing. In particular, the Court sought submissions as to the possibility of an adjournment of the appeal for one day being granted by the Court. In a written submission filed on 23 January 2026 - the appellant confirmed his agreement to a one-day adjournment so that the appeal would be heard on 26 February 2026.
4. The Independent Children's Lawyer sent notice to the Court to confirm that they did not intend making a submission in relation to the proposed adjournment.
5. The Court did not receive any submissions from the other respondents to the appeal.
6. Noting the appellant's unavailability on 25 February 2026 due to an earlier commitment to attend a mediation at a Tribunal on that date - it is reasonable, in all of the circumstances, to grant to the appellant an adjournment for one day so that the appeal shall now commence on 26 February 2026 at 10.00 am - or at such other time as directed by the Full Court.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Howard.