FAMILY COURT OF AUSTRALIA
| BELSON & BELSON AND ORS | [2019] FamCA 797 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Where application for summary dismissal of equitable claim by applicant wife as against paternal grandparents (the fourth and fifth respondents) – Where discussion of applicable principles – Where application dismissed – Where costs of application reserved to final hearing. |
| Family Law Rules 2004 (Cth) r 10.12 |
| Ebner & Pappas [2014] FamCAFC 229 Friar & Friar [2011] FamCAFC 71 Lindon v Commonwealth of Australia(No. 2) [1996] HCA 14 |
| APPLICANT: | Ms Belson |
| FIRST RESPONDENT: | Mr Belson |
| SECOND RESPONDENT: | Mr B Belson |
| THIRD RESPONDENT: | Ms C Belson |
| FOURTH RESPONDENT: | Mr D Belson |
| FIFTH RESPONDENT: | Ms E Belson |
| FILE NUMBER: | DUC | 347 | of | 2017 |
| DATE DELIVERED: | 31 October 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 23 July 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Hogg |
| SOLICITOR FOR THE APPLICANT: | Joplin Lawyers |
| COUNSEL FOR THE FIRST RESPONDENT: | Mr Coleman SC |
| SOLICITOR FOR THE FIRST RESPONDENT: | Campbell Paton & Taylor |
| COUNSEL FOR THE SECOND RESPONDENT: | Ms Breeze |
| SOLICITOR FOR THE SECOND RESPONDENT: | Hughes & Co Lawyers |
| COUNSEL FOR THE THIRD RESPONDENT: | Ms Breeze |
| SOLICITOR FOR THE THIRD RESPONDENT: | Hughes & Co Lawyers |
| COUNSEL FOR THE FOURTH RESPONDENT: | Ms Judge |
| SOLICITOR FOR THE FOURTH RESPONDENT: | Garden & Montgomerie Solicitors |
| COUNSEL FOR THE FIFTH RESPONDENT: | Ms Judge |
| SOLICITOR FOR THE FIFTH RESPONDENT: | Garden & Montgomerie Solicitors |
Orders
That the application for summary orders under Rule 10.12 of the Family Law Rules 2004 (Cth) by the fourth and fifth respondents be dismissed.
That costs of and incidental to the application be reserved to final hearing or agreement between the parties.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Belson & Belson has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: DUC 347 of 2017
| Ms Belson |
Applicant
And
| Mr Belson |
First Respondent
And
| Mr B Belson |
Second Respondent
And
| Ms C Belson |
Third Respondent
And
| Mr D Belson |
Fourth Respondent
And
| Ms E Belson |
Fifth Respondent
REASONS FOR JUDGMENT
The present primary proceedings relate to parenting and property settlement as between the applicant husband and the respondent wife.
On 28 September 2017 the applicant husband in his Initiating Application commenced proceedings in the Federal Circuit Court of Australia solely related to parenting seeking orders in relation to the two children of the parties’ marriage X now aged nine and Y now aged four.
The wife in her Response filed 4 December 2017 sought orders…
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- AGLC
- Belson and Belson and Ors [2019] FamCA 797
- Case
- [2019] FamCA 797
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the application for summary orders, made pursuant to Rule 10.12 of the *Family Law Rules 2004* (Cth), should be granted. This rule typically allows for the dismissal of proceedings or parts of proceedings if they are an abuse of process or have no reasonable prospect of success.
Foster J dismissed the application for summary orders. While the specific reasoning for this dismissal is not elaborated upon in the provided text, the outcome indicates that the Court found the application did not meet the threshold for summary determination under Rule 10.12. Consequently, the costs associated with the application were reserved, to be determined at a later stage of the proceedings or by agreement between the parties.
Orders
Orders of the court
1.
That the application for summary orders under Rule 10.12 of the Family Law Rules 2004 (Cth) by the fourth and fifth respondents be dismissed.
2.
That costs of and incidental to the application be reserved to final hearing or agreement between the parties.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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