Ensign and Huntingdon

[2009] FamCA 352

FAMILY COURT OF AUSTRALIA

ENSIGN & HUNTINGDON [2009] FamCA 352

FAMILY LAW – PRACTICE AND PROCEDURE – No appearance by other party and no material before the Court

Family Law Act 1975 (Cth)

APPLICANT: Ms Ensign

RESPONDENT: Mr Huntingdon

FILE NUMBER: MLC 2916 of 2009

DATE DELIVERED: 4 May 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: 4 May 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: NO APPEARANCE

COUNSEL FOR THE RESPONDENT: NO APPEARANCE

Orders

1. That all proceedings be removed from the list of cases awaiting a hearing.

2. That my reasons for judgment this day be transcribed.

IT IS NOTED that publication of this judgment under the pseudonym Ensign & Huntingdon is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 2916  of 2009

MS ENSIGN

Applicant

And

MR HUNTINGDON

Respondent

REASONS FOR JUDGMENT

1. On 7 April 2009, the wife through solicitors filed an initiating application which sought interim and final orders.  That application was supported by an affidavit.

2. For reasons which are not at all clear, on the same day, solicitors filed a Notice of Address for Service on behalf of the husband. 

3. Subsequent to the filing of the application, no material was filed by the respondent husband notwithstanding the Notice of Address for Service.

4. On 29 April 2009, a firm of solicitors filed a Notice of Ceasing to Act on behalf of the husband.  It was the same firm of solicitors who filed the Notice of Address for Service.  That Notice indicated that the matter was next listed before the Court on 4 May 2009.

5. Also on 29 April 2009, the solicitor who filed the material on behalf of the applicant wife filed a Notice of Discontinuance of all proceedings between the parties.

6. This is a matter that was initially heard in the after hours service by Justice Collier in Sydney on 5 April 2009.  His Honour made restraining orders on an ex parte basis concerning the removal of the three children of the relationship from Australia. 

7. When the matter came on for hearing at the direction of his Honour on 7 April 2009, the orders made by Collier J were discharged by consent of the parties.  Orders were then made relating to parenting issues.

8. There being no current material before the Court by either party, there is no basis for me to make any order at all other than to have the matter removed from the list of cases awaiting a hearing.

I certify that the preceding Eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate:  Elizabeth Hore

Date:  6 May 2009