ABAD-BOOTEN & ABAD-BOOTEN

[2011] FamCA 678

FAMILY COURT OF AUSTRALIA

ABAD-BOOTEN & ABAD-BOOTEN [2011] FamCA 678

FAMILY LAW – Couple reconciled - all applications are dismissed for want of prosecution

Family Law Act 1975 (Cth)

APPLICANT: Ms Abad-Booten

RESPONDENT: Mr Abad-Booten

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 6879 of 2007

DATE DELIVERED: 11 July 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 11 July 2011

REPRESENTATION

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Combes

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Agricola Wunderlich & Associates

Orders

1. That all applications are dismissed for want of prosecution.

IT IS NOTED that publication of this judgment under the pseudonym Abad-Booten & Abad-Booten 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 MELBOURNE

FILE NUMBER:  MLC 6879 of 2007

Ms Abad-Booten

Applicant

And

Mr Abad-Booten

Respondent

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. These are proceedings that were begun in 2007 by the wife, and as I have mentioned, there has been litigation over the ensuing three to four years which could only be described as extensive.  The proceedings included parenting issues as well as financial issues, and then it remained dormant for some months.  On 9 June, I ordered the matter be listed today, and the orders were sent to the parties’ last known addresses, including a firm of solicitors.  The firm of solicitors obviously upon receipt of the order filed a notice of ceasing to act. 

2. Mr Combes, on behalf of the independent children's lawyer, today said that the independent children's lawyer understand the parties have reconciled and have had another child, and the wife has advised the independent children's lawyer that they are reconciled.  Whilst that might be pleasant for them, it does not assist the resources of the Court if we are holding on to these sorts of files unnecessarily.  It would have been better for the parties to have not wasted everybody’s time today.  Be that as it may, there has been no application for costs by the independent children's lawyer.  There being no appearance of any of the parties, the respective applications are dismissed for want of prosecution.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 11 July 2011.

Associate:

Date:  2 August 2011