Anthony and Anthony

[2008] FamCA 243

FAMILY COURT OF AUSTRALIA

ANTHONY & ANTHONY [2008] FamCA 243

FAMILY LAW – ORDERS – Review of decision

Family Law Act 1975 (Cth)

C & M [2000] FamCA 1086
De Angelis & De Angelis (2003) FLC 93-133
Grace v Grace (1997) 22 FamLR 442
House v The King [1936] HCA 40; (1936) 55 CLR 499
R & R [2007] FMCAfam 1044

APPLICANT: Mr Anthony

RESPONDENT: Mrs Anthony

FILE NUMBER: SYF 3197 of 2005

DATE DELIVERED: 10 April 2008

PLACE DELIVERED: Parramatta

PLACE HEARD: Sydney

JUDGMENT OF: Justice Le Poer Trench

HEARING DATE: 1 April 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Livingstone

SOLICITOR FOR THE APPLICANT: Willis & Bowring

COUNSEL FOR THE RESPONDENT: Mr Campton

SOLICITOR FOR THE RESPONDENT: Benjamin & Robinson

Orders

1. The husband’s application for review filed the 3rd May 2007 is dismissed.

2. The matter be listed for mention before the docket Registrar at 11:30am on 18 April 2008 for further directions which may be required to ready the matter for hearing on the 19th May 2008 before Justice Moore.

IT IS NOTED that publication of this judgment under the pseudonym Anthony & Anthony is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 2318  of 2003

Mr Anthony

Applicant

And

Mrs Anthony

Respondent

REASONS FOR JUDGMENT

Introduction

1. The court is required to determine a review of the decision of Judicial Registrar Johnston filed 3^rd May 2007 by the husband. The order sought to be reviewed is that made on the 4^th April 2007 where the learned Judicial Registrar dismissed the husband’s application for an adjournment of proceedings under section 79 until the demise of the wife’s aunt Miss M.

2. The competing applications under section 79 are listed for final hearing before Justice Moore on the 19^th May 2008 for three days. The matter came before the trial judge on the 11^th February 2008 for “docket call-over”.  Her Honour stood the husband’s application over to the Judicial Duty List on 1^st April 2008 and I am told by counsel, requested that the question of the section 79(5) adjournment be dealt with as a discrete preliminary matter rather than being dealt with as part of the section 79 proceedings listed for hearing before her.

Background Facts

1. The parties married in March 1986. The husband is now 50 years of age and the wife is 47 years of age.

2. The parties separated in about October 2004 although there is an issue about this. The wife alleges a separation in about 2000.

3. There are two children of the marriage aged 18 and 16. Final parenting orders have been made.

4. The husband is a teacher.

5. Each of the parties claims substantial contributions during the course of the cohabitation. Part of the contribution made by the wife includes the gift to her by her aunt of a property at L.

6. In March 2006 the wife sold the L property for $644,503 net. She used those…