Catipani and Reneri & Anor

[2013] FamCA 382

FAMILY COURT OF AUSTRALIA

CATIPANI & RENERI AND ANOR [2013] FamCA 382

FAMILY LAW – PRACTICE AND PROCEDURE – Case management –hearing set down despite no attendance by respondents.

Family Law Act 1975 (Cth)

APPLICANT: Ms Catipani

RESPONDENT: Mr Reneri

INTERVENER: Mr J

FILE NUMBER: MLC 3712 of 2008

DATE DELIVERED: 8 May 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 8 May 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Clarke

SOLICITOR FOR THE APPLICANT: Davis Zucco

THE RESPONDENT: No appearance

COUNSEL FOR THE INTEREVENER: Ms Hampton

SOLICITOR FOR THE INTERVENER: WMB Lawyers

Orders

1. That subject to any order to the contrary that may be made on 7 June 2013 by the trial judge, the wife have leave to proceed on an undefended basis.

2. That all applications for final orders be adjourned for hearing before Justice Cronin on 7 June 2013 at 10 am as a one day matter and that the evidence in chief of all witnesses be given by affidavit.

3. That by 4 pm on 31 May 2013 the applicant file and serve upon all other parties:

   (a)an amended application setting out with precision the orders to be sought;

   (b)the affidavits of evidence in chief of all witnesses including the applicant relied upon (noting that affidavits relied upon for previous hearings cannot be relied upon as evidence in chief); and

   (c)a financial statement that complies with chapter 13 of the Family Law Rules.

4. That a copy of these orders be served on the husband C/- … and on the apparent intervener at C/- WMB Lawyers, … .

5. That the reasons this day be transcribed.

6. That the costs of the applicant this day be reserved.

IT IS CERTIFIED:

1. That pursuant to Order 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Catipani & Reneri and Anor 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 3712 of 2008

Ms Catipani

Applicant

And

Mr Reneri

Respondent

And

Mr J

Intervener

REASONS FOR JUDGMENT

1. This application was sent to me by Young J on 5 April 2013.  It seems to be a property dispute.  It has had 20 attendances since the proceedings were initiated in 2008. 

2. The pleadings are still not in a condition where the case could be heard on a final basis, but at least the applicant has sought to move the case on to a final hearing.  The husband has not attended today and I have no reason to presume that he is not aware of the proceedings.

3. An intervener has attended by solicitor today but candidly acknowledges that the firm has not heard from their client for some time and is willing to continue to receive documents from other parties in the court.  Whilst I have considerable reservation about that, no doubt the problem can be rectified if indeed there is some concern.  No documents on the file indicate that the intervener has ever been joined as a party and I have no idea what orders, if any, the intervener would be seeking.

4. This case should not be permitted to continue to wander along and waste not only the Court’s time and resources but also the parties’.  The wife, as the applicant, has every right to have her case heard.

5. The matter is therefore set down for final hearing.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 8 May 2013.

Associate: 

Date:  27 May 2013