Bendon and Bendon (No 4)

[2015] FamCA 1230

FAMILY COURT OF AUSTRALIA

BENDON & BENDON (NO 4) [2015] FamCA 1230

FAMILY LAW – PRACTICE AND PROCEDURE – Application by the husband for an adjournment of the wife’s enforcement application to sell the former matrimonial home – where the husband lives inter-state – where the husband has not had an opportunity to file material in reply to the wife’s application – where the husband currently lives in the former matrimonial home with the children of the marriage – interim orders made adjourning the wife’s enforcement application

Family Law Act 1975 (Cth)

APPLICANT: Ms Bendon

RESPONDENT: Mr Bendon

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: DGC 672 of 2014

DATE DELIVERED: 7 October 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 7 October 2015

REPRESENTATION

THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Ms McGregor

SOLICITOR FOR THE RESPONDENT: Fiona R McGregor Solicitor

Orders

IT IS ORDERED:

1. That the husband make, file and serve any Response to Application in a Case and affidavit upon which he seeks to rely by 4.00pm on 14 October 2015.

2. That the wife’s Application in a Case filed 15 September 2015 be adjourned for hearing before me at 10.00am on 23 October 2015.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bendon & Bendon (No 4) 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: DGC 672 of 2014

Ms Bendon

Applicant

And

Mr Bendon

Respondent

REASONS FOR JUDGMENT

1. The matter of Bendon comes before me today in a Judicial Duty List.  Today is the return date of the wife’s Application in a Case filed 15 September 2015, in which she effectively seeks enforcement of final property orders that were made by consent before me on 21 April 2015.

2. Before I can deal with that application, an application has been made on behalf of the husband for an adjournment of the hearing of the proceedings.  The reason for the adjournment is simple: the husband was not served with the wife’s Application in a Case until 28 September 2015.  The husband resides in Western Australia.  It has been necessary for his solicitor to forward the documents to him, obtain instructions from him and prepare affidavit material and forward it to him for execution and return.

3. Those documents have not yet been finalised such that the matter is able to proceed today.  It is said on behalf of the respondent that there are matters that need to be put before the Court before I can consider and determine the wife’s enforcement application.

4. It is further submitted that the preparation of the husband’s responding material has been compromised due to the long weekend in Victoria which occurred last weekend. 

5. The wife clearly is keen to press her Application in a Case, although made no submissions in opposition of the adjournment application.  I am able to accommodate the wife’s application in a list on 23 October 2015.  Having regard to the circumstances, I am satisfied that it is appropriate that there be a short adjournment to ensure the respondent has the opportunity of filing material in response to the wife’s application.

6. The wife’s application is a serious application.  She seeks a sale of the former matrimonial home in which the respondent resides with the three children of the marriage.  In those circumstances, I consider it appropriate that the respondent have the opportunity to file material in answer to that application.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 7 October 2015.

Associate:  

Date:  7 October 2015