Bradbury and Lander

[2020] FamCA 575

FAMILY COURT OF AUSTRALIA

BRADBURY & LANDER [2020] FamCA 575

FAMLY LAW – DIVORCE – Defended divorce – Where wife seeks counselling on the basis there is a reasonable prospect of reconciliation – Irretrievable breakdown – Living separately and apart – Divorce order

Family Law Act 1975 (Cth)

APPLICANT: Mr Bradbury

RESPONDENT: Ms Lander

FILE NUMBER: CAC 239 of 2017

DATE DELIVERED: 6 July 2020

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 6 July 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Infinity Legal

SOLICITOR FOR THE RESPONDENT: Self-representing

Orders

1. I declare that I am satisfied that the only child of the marriage who has not yet attained 18 years of age, being Y, born … 2013, has in place the proper arrangements and all the circumstances for her care, welfare and development.

2. I make a Divorce Order in respect of Mr Bradbury and Ms Lander.

3. I reserve the Husband's costs in these proceedings on the basis that he files and serves any material he seeks to rely upon and an application in respect of the costs within 14 days of today's date. 

4. Should the Husband not file such an application then his costs application will lapse.

5. In the event that the Husband does so file a costs application then the Wife is to file and serve a Response and any affidavit material she seeks to rely upon in respect of costs within 28 days of today's date.

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 Bradbury & Lander 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 CANBERRA

FILE NUMBER: CAC 239 of 2017

Mr Bradbury

Applicant

And

Ms Lander

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. This is an Application for Divorce filed by Mr Bradbury on 6 March 2020.  It was served on the Wife on 28 March 2020, that service being acknowledged by her and also inferentially acknowledged by the filing of a Response to the proceedings by the Wife. 

2. The marriage is proven by virtue of a certified copy of a Marriage Certificate exhibited in these proceedings.  It demonstrates that the parties were married in 2012 at P Place, Q Region.  It is a marriage which is of not less than two years duration. 

3. The parties are both domiciled in Australia, citizens of Australia and ordinarily resident in Australia. 

4. It is uncontroversial that the parties have lived separately and apart for a continuous period of not less than 12 months immediately prior to the filing of the Application for Divorce by the Husband.

5. The Wife has sought to mount a case to establish that there is a reasonable likelihood of cohabitation being resumed.  She has failed to discharge the onus upon her to establish such a circumstance.  Accordingly, it has been determined that the marriage has irretrievably broken down. 

6. This is a case in which there is a child of the relationship who has not yet attained the age of 18 years.  I am satisfied that proper arrangements in all the circumstances have been made for the care, welfare and development of the child as evidenced by the interim orders previously put in place by me to govern the child’s welfare and development pending a final hearing of the matter. 

7. I declare that proper arrangements in all the circumstances have been made in relation to the care, welfare and development of that child.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 6 July 2020.

Associate: 

Date:  7 July 2020