Duk18 v Dun18

[2018] FCCA 2496

FEDERAL CIRCUIT COURT OF AUSTRALIA

DUK18 v DUN18 & ANOR [2018] FCCA 2496

Catchwords:
CHILD SUPPORT – Proceedings dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: DUK18

First Respondent: DUN18

Second Respondent: CHILD SUPPORT REGISTRAR

File Number: SYG 2028 of 2018

Judgment of: Judge Street

Hearing date: 6 September 2018

Date of Last Submission: 6 September 2018

Delivered at: Sydney

Delivered on: 6 September 2018

REPRESENTATION

No appearance by or on behalf of the applicant.

No appearance by or on behalf of the respondent.

ORDERS

1. The proceedings are dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2028 of 2018

DUK18

Applicant

And

DUN18

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

REASONS FOR JUDGMENT

1. In the matter of DUK18 v DUN18 & Anor, the matter has been called and the parties have failed to appear. The Court has endeavoured to contact the solicitor identified on the proceedings, being the Legal Aid solicitor for the applicant. The Legal Aid solicitor has informed the Court’s associate that there are other proceedings that are on foot that have recently been listed and the subject of orders before Judge Newbrun of this Court. No such orders appear to have been made in these proceedings and quite how these proceedings came to be listed before this Court is not a matter that the Court needs to further entertain.

2. I am satisfied that this is an appropriate matter for the exercise of the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

3. The timing of the application filed in this Court may have some significance in relation to the other proceedings that appear to be on foot, and accordingly the Court will ensure that a copy of the reasons in this matter and the order that has been made are sent to the applicant’s solicitor, so that the parties can, if appropriate, make any further application to reinstate the proceedings.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  11 September 2018