Chu and Lorde

[2020] FamCA 26

FAMILY COURT OF AUSTRALIA

CHU & LORDE [2020] FamCA 26

FAMILY LAW – PRACTICE AND PROCEDURE – Application – Dismissed.
APPLICANT:	Ms Chu

RESPONDENT: Mr Lorde

FILE NUMBER: CAC 478 of 2012

DATE DELIVERED: 20 January 2020

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 20 January 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self-representing – No appearance

SOLICITOR FOR THE RESPONDENT: Self-representing – No appearance

Orders

1. I dismiss the Initiating Application filed 2 July 2019 and the Response to Initiating Application filed 23 July 2019.

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 Chu & Lorde 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 478 of 2012

Ms Chu

Applicant

And

Mr Lorde

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. There is no appearance for either the Applicant Mother or the Respondent Father.

2. By an Initiating Application filed 2 July 2019 the Mother sought a suite of orders including orders which would enable her to remove the children from Australia and travel to China.  In general terms that Application was granted.

3. By a Response to Initiating Application the Father, on 23 July 2019, also sought a suite of orders.

4. Following the giving of the judgment in this matter that permitted the Mother to temporarily remove the children from Australia there has been no further appearance by either of the parties on either 4 November 2019, 9 December 2019 or today, 20 January 2020. 

5. The parties were placed in notice on their failure to appear on 9 December 2019 that if they failed to appear in the next occasion it may be the case that any extant applications would be dismissed. 

6. The non-appearance on each of those occasions is indicative that there is nobody who is prosecuting either the Initiating Application or the Response to Initiating Application.  On that basis I dismiss the Initiating Application filed 2 July 2019 and the Response to Initiating Application filed 23 July 2019.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 20 January 2020.

Associate:

Date:  20 January 2020