Ezard and Ezard (No 2)

[2011] FamCA 940

FAMILY COURT OF AUSTRALIA

EZARD & EZARD (NO 2) [2011] FamCA 940

FAMILY LAW – application for final orders struck out on non-appearance of parties

Family Law Act 1975 (Cth)

APPLICANT: Mr Ezard

RESPONDENT: Ms Ezard

FILE NUMBER: MLC 5611 of 2011

DATE DELIVERED: 4 October 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 4 October 2011

REPRESENTATION

THE APPLICANT: No appearance

THE RESPONDENT: No appearance

Orders

1. That the application for final orders filed 31 August 2011 is struck out, there being no appearance of any person.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5611 of 2011

Mr Ezard

Applicant

And

Ms Ezard

Respondent

REASONS FOR JUDGMENT

1. On 5 September this year I adjourned the application of Mr Ezard to today on the basis that I was not then prepared to make the orders that he was seeking.  I indicated to him at the time that he needed to provide sufficient evidence to satisfy me that the orders should be made on a final basis.  There was no service on the respondent but I indicated also at the time that as a Federal Magistrate had previously waived service I felt it was appropriate to do the same.  Mr Ezard has been called at 10.45 this morning and has not appeared.  He has not corresponded with the court indicating any difficulty in being here.  A copy of the order that I made on 5 September indicates that the matter is listed for 4 October.  That order is shown as having been sent to the address – although the address on the order has a different number to the address on the documents of Mr Ezard, I would imagine that in the town of C Town the postman would be sufficiently au fait with his customers to know that the letter should be delivered to the right address.

2. In any event, Mr Ezard was here on 5 September and clearly would have heard me indicate the date that the matter was to be adjourned to.  There being no appearance of any party, particularly the applicant the application filed on 31 August 2011 is struck out.  

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 4 October 2011.

Associate: 

Date:  14 December 2011