Chen v Covich (No 2)
[2025] FedCFamC2G 147
•10 February 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Chen v Covich (No 2) [2025] FedCFamC2G 147
File number(s): BRG 287 of 2020 Judgment of: JUDGE EGAN Date of judgment: 10 February 2025 Catchwords: FAIR WORK – where the applicant failed to comply with Orders of the Court – application dismissed. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) Division: Division 2 General Federal Law Number of paragraphs: 9 Date of hearing: In Chambers on the papers Place: Brisbane Applicant: No appearance Respondent: No appearance ORDERS
BRG 287 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AVA (AIPING) CHEN
Applicant
AND: NORM COVICH
Respondent
ORDER MADE BY:
JUDGE EGAN
DATE OF ORDER:
7 FEBRUARY 2025
IT IS ORDERED THAT:
1.The proceeding be dismissed pursuant to the provisions of r. 13.05 (1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE EGAN
On 6 April 2020, the applicant filed an application seeking pecuniary penalties and an injunction to restrain the respondent from communicating with the applicant.
Since the filing of that application, the proceeding has been before the Court on no less than eight occasions. On each such occasion, the Court has made orders to progress the matter.
On 9 August 2023, it was ordered that the proceeding be listed for hearing on 1 and 2 July 2024, and that the applicant file and serve an Amended Application setting out the final orders sought by the applicant, a Statement of Claim, and a consolidated affidavit in support of the application. The applicant failed to comply with those orders.
On 4 September 2023, the proceeding was listed for directions. The applicant made no appearance on that date, however, the son of the respondent, Greg Covich, appeared before the Court to advise that his father, the named respondent, was deceased.
On 4 September 2023, the applicant’s claim in this proceeding was stayed until further order of the Court.
On 4 July 2024, the proceeding was listed for directions, as no correspondence or attempt to progress the matter had been made by the applicant.
As of 7 February 2025, the applicant has made no attempt to progress the matter.
The applicant has neglected, refused or otherwise failed to comply with the orders of the Court.
Pursuant to the provisions of r. 13.05 (1) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), the Court considers that in the circumstances, and in the interests of the administration of justice, the proceeding be dismissed.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 10 February 2025
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