Field and Field
[2009] FMCAfam 259
•18 February 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FIELD & FIELD | [2009] FMCAfam 259 |
| FAMILY LAW – Husband to file material – not filed – leave to proceed undefended – division of property just and equitable. |
| Applicant: | MS FIELD |
| Respondent: | MR FIELD |
| File Number: | DGC 2757 of 2008 |
| Judgment of: | Turner FM |
| Hearing date: | 18 February 2009 |
| Date of Last Submission: | 18 February 2009 |
| Delivered at: | Dandenong |
| Delivered on: | 18 February 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr G.F. Holmes |
| Solicitors for the Applicant: | Tyler Typping & Woods |
| The Respondent: | No appearance |
ORDERS
The Court grant’s leave to the applicant to proceed on an undefended basis.
Final orders are made in terms of minutes dated 18 February 2009, marked “Exhibit A” and placed on the Court file.
The solicitors for the applicant wife file three clean typed copies of these minutes within 7 days.
The applicant wife is to serve a sealed copy of these orders on the respondent husband within 7 days.
IT IS NOTED that publication of this judgment under the pseudonym Field & Field is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT DANDENONG |
DGC 2757 of 2008
| MS FIELD |
Applicant
And
| MR FIELD |
Respondent
REASONS FOR JUDGMENT
(Ex tempore and revised from transcript)
By order dated 5 January 2009 the husband was ordered to file material as to his financial circumstances and an affidavit in support. Order 4 records that in the event the husband does not comply with that paragraph the wife has liberty to apply to have the amended application proceed as undefended. The Court has granted that leave.
The Orders of 5 January 2009 were served on the husband, and in evidence of that is an affidavit of service by Dallas McCraw filed on 3 February 2009. The husband has failed to file material as ordered in the Orders of 5 January 2009.
Minutes of Orders proposed for the wife have been handed to the Court and it has been advised that this results in a 74% split in favour of the wife. It is possible that the pool of assets has a greater value than is currently able to be ascertained as the husband has not filed material.
The Court is satisfied that the division proposed is just and equitable. It leaves the husband with his business, his superannuation, a motor vehicle, plus approximately $48,000 in bank accounts.
The Court makes final orders in terms of the minute proposed by the wife. The solicitor for the wife is to engross and file a copy of the orders within seven days.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Turner FM
Associate: Kirra Vickerman
Date: 18 February 2009
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