Collins and Balard

[2013] FamCA 1088

FAMILY COURT OF AUSTRALIA

COLLINS & BALARD [2013] FamCA 1088

FAMILY LAW – Application struck out.

APPLICANT: Mr Collins

RESPONDENT: Ms Balard

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 905 of 2012

DATE DELIVERED: 19 December 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 19 December 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: Oakfair Lawyers

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT:

INDEPENDENT CHILDREN’S LAWYER David Stagg Tonkin & Co

Orders

1. That the application of the paternal grandparents, filed 19 September 2012, be struck out with a right of reinstatement, such application to reinstate to be filed no later than 1 July 2014.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Collins & Balard 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 905 of 2012

Mr Collins

Applicant

And

Ms Balard

Respondent

REASONS FOR JUDGMENT

1. The matter of Collins and Balard today is the adjourned hearing date of a contravention application filed on behalf of the paternal grandparents.  That application was filed on 19 September 2012.  There is no appearance today on behalf of the applicant paternal grandparents. 

2. There is correspondence from their solicitors seeking a further adjournment of the matter on the basis that there has been progress with respect to the possible resolution of the matter insofar as the respondent is undertaking interviews and appointments with Family Life service.

3. What is sought by the paternal grandparents is an adjournment of the matter to late January or early February of 2014.

4. This application has been on foot for more than a year.  There have been a number of administrative adjournments of that application.  In light of that history, in my view the appropriate course is to strike out the application with a right of reinstatement.

5. Accordingly, the order that I make is as follows.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 19 December 2013.

Associate: 

Date:  19 December 2013