Cullen and Cullen

[2016] FamCA 957

FAMILY COURT OF AUSTRALIA

CULLEN & CULLEN [2016] FamCA 957

FAMILY LAW – CONTRAVENTION – Wife seeks leave to withdraw her contravention application – leave to withdraw granted

Family Law Act 1975 (Cth)

APPLICANT: Ms Cullen

RESPONDENT: Mr Cullen

FILE NUMBER: DGC 3777 of 2015

DATE DELIVERED: 3 August 2016

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 3 August 2016

REPRESENTATION

THE APPLICANT: In person

THE RESPONDENT: In person

Orders

1. That the wife be granted leave to withdraw her Application – Contravention filed 8 June 2106.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Cullen & Cullen 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: DGC 3777 of 2015

Ms Cullen

Applicant

And

Mr Cullen

Respondent

REASONS FOR JUDGMENT

1. The matter of Cullen comes before me today in a Judicial Duty List.  The application before me is the wife’s application contravention filed 8 June 2016.  That application is supported by her affidavit filed the same date. 

2. The matters raised in the contravention application are with respect to an alleged breach by the husband of an order made 5 May 2016.  That order was an order that the husband pay to the wife spousal maintenance in the sum of $114 per week.  The position is that the husband failed to make a payment as due under that order on 19 May 2016.  Payment was ultimately made but not until 21 July 2016.  The husband currently is meeting his obligations pursuant to that order. 

3. Having regard to those matters, and as a result of discussions that have occurred with respect to the application, the wife has sought leave to withdraw her application this day.  That application is not opposed by the husband. 

4. Having regard to the circumstances of the case I am satisfied that it is appropriate that the wife have leave to withdraw her application contravention filed 8 June 2016.  In the event of any further breach of the orders by the husband it will be open to the wife to rely upon the matters contained in her application at any future time.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 3 August 2016.

Associate: 

Date:  3 August 2016