Albany and Albany

[2014] FamCA 999

FAMILY COURT OF AUSTRALIA

ALBANY & ALBANY [2014] FamCA 999

FAMILY LAW – Appointment of legal personal representation for the deceased husband

APPLICANT: Ms Albany

RESPONDENT: Mr Albany

FILE NUMBER: MLC 7837 of 2012

DATE DELIVERED: 23 May 2014

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 23 May 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms A. Bingham

SOLICITOR FOR THE APPLICANT: Berry Family Law

COUNSEL FOR THE 1^ST RESPONDENT: Mr S. Farmer

SOLICITOR FOR THE 1ST RESPONDENT:	Stephen Farmer & Associates
COUNSEL FOR THE 2ND RESPONDENT:

SOLICITOR FOR THE 2ND RESPONDENT:
COUNSEL FOR THE 3RD & 4TH  RESPONDENT:	Ms Crocker

SOLICITOR FOR THE 3^RD & 4^TH  RESPONDENT:  Carew Counsel Pty Ltd

Orders

1. That MS F the legal personal representative of the deceased husband is substituted for the deceased husband as a party to the proceedings.

2. That all extant applications be listed for mention before the Honourable Justice Johns at 10.00am on 12 June 2014.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Albany & Albany 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 7837 of 2012

Ms Albany

Applicant

And

Mr Albany

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me today as the first day of a hearing.  The respondent husband has recently died.  As a result there is an oral application made before me today for the substitution of Ms F, who is the adult daughter of the parties, as legal personal representative of the husband.  There is an application that she be substituted as a party to these proceedings.

2. In support of that application I have read the affidavit of Ms F, which is filed on 16 April 2014.   In that affidavit Ms F deposes to the fact of her father’s death on 9 February 2014.  Annexed to the affidavit is the death certificate.  Further, Annexure 2 to the affidavit is the will of the husband which appoints Ms F as the sole executrix of the will.

3. The application that she be substituted as a party to the proceedings is not opposed by any of the other parties to the matter.  In the circumstances I am satisfied that in accordance with the provisions of Rule 6.15 of the Family Law Rules it is appropriate that Ms F be substituted as a party.  Accordingly, I will make an order to that effect.

4. Otherwise I am told by solicitors appearing for the parties that there have been discussions.  It is likely that within a relatively short timeframe they will be in a position to resolve at least some of the issues that currently stand before the Court.  The resolution of those issues will have the effect of removing a number of the parties from the proceedings and ceasing their involvement.  I am asked to make an order to list the matter for further mention in three weeks to hopefully give effect to that course.

5. I consider that course is appropriate in the circumstances of the case.  Accordingly, the orders that I will make are as follows:

   1.That MS F the legal personal representative of the deceased husband is substituted for the deceased husband as a party to the proceedings.

   2.That all extant applications be listed for mention before the Honourable Justice Johns at 10.00am on 12 June 2014.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 23 May 2014.

Associate: 

Date:  23 May 2014