Ethan and Ethan

[2007] FamCA 1370

FAMILY COURT OF AUSTRALIA

ETHAN & ETHAN [2007] FamCA 1370

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment to Registrar when no appearance by the applicant

Family Law Act 1975 (Cth)

APPLICANT: Ms Ethan

RESPONDENT: Mr Ethan

FILE NUMBER: DGC 1771 of 2007

DATE DELIVERED: 29 October 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 29 October 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: No Appearance

SOLICITOR FOR THE APPLICANT: Ann E Gambetta & Associates

SOLICITOR FOR THE RESPONDENT: No Appearance

Orders

1. That the wife’s application in a case filed 28 September 2007 be adjourned to the Direction’s Mention on 1 November 2007 at 10am at Dandenong.

2. That my reasons for judgment this day be transcribed and when transcribed a copy be sent to each of the parties.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGC 1771 of 2007

MS ETHAN  

Applicant

And

MR ETHAN  

Respondent

REASONS FOR JUDGMENT

(ex tempore)

1. This matter comes before me in the judicial duty list, it being the return date of an application in a case filed on behalf of the wife on 28 September 2007 in which she seeks an order that the husband vacate the former matrimonial home at W pending sale, that she have sole occupancy of the property and the property be placed on the market forthwith. 

2. Today the matter has been called at the door of the court and there has been no response.  I am not inclined to strike out the application on the basis that, if it has some merit and the non appearance is the result of inadvertence on the part of the applicant or her practitioners, I do not want the applicant to be put to the expense of having to reissue. 

3. I also note that on 1 November 2007 at 10am there is a listing before Registrar Sikiotis for the purpose of assessing the progress of the matter and hearing from a bankruptcy trustee.  It would appear to be the husband's bankruptcy trustee.  I will adjourn the further hearing of the wife's application in a case to the Registrar on 1 November 2007 for directions. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Bennett

Associate 

Date:  23 November 2007