Darcy and Darcy (No 2)

[2008] FamCA 1016

FAMILY COURT OF AUSTRALIA

DARCY & DARCY (NO. 2) [2008] FamCA 1016

FAMILY LAW – CONTRAVENTION – Application for Contravention filed by the husband but not served – Husband failed to appear in which circumstances the application was struck out in the Judicial Duty List.

Family Law Act 1975 (Cth) (as amended)

APPLICANT: Mr Darcy

RESPONDENT: Mrs Darcy

FILE NUMBER: MLF 3110 of 2005

DATE DELIVERED: 3 January 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 3 January 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: No appearance

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

Orders

1. That the Form 18 Application for Contravention filed by the husband on 14 December 2007 be dismissed.

2. That the ex tempore Reasons for Judgment be transcribed and placed on the Court file.

3. That the wife’s costs of and incidental to the said Application be reserved for consideration by the Honourable Justice Cronin on 10 January 2008.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Guest delivered this day will for all publication and reporting purposes be referred to as Darcy & Darcy.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 3110  of 2005

Mr Darcy

Applicant

And

Mrs Darcy

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the Judicial Duty List and comprises a Form 18 Application for Contravention filed on 14 December 2007 by the husband as Applicant.  It is supported by an affidavit filed that day and is returnable today.  It is a little odd however that this has been permitted, given that, as I understand it, there is a final hearing of the matter before Cronin J listed for 10 January 2008. 

2. The respondent wife appears in person and does so only as a result, I am informed, of her recently examining the court file and finding the Application and the affidavit.  She said that neither of those two documents had been served upon her. 

3. At 10.15 am I had the applicant husband called.  He failed to respond to the call.

4. In those circumstances, the orders of the court will be that the Form 18 Application for Contravention filed by the husband on 14 December 2007 be dismissed.  The extempore reasons for judgment be transcribed and placed on the court file.  The respondent wife's costs of and incidental to the said application be reserved for consideration by Cronin J on 10 January 2008.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate: 

Date:  22 January 2008