Garratt and Aiken & Anor (No . 2)

[2019] FamCA 496

FAMILY COURT OF AUSTRALIA

GARRATT & AIKEN AND ANOR (NO . 2) [2019] FamCA 496

FAMILY LAW – PRACTICE AND PROCEDURE – Where orders made following an application for adjournment on the first day of hearing – Where Applicant paternal grandmother failed to comply with those Orders – Where Applicant paternal grandmother’s Initiating Application struck out and dismissed – Where Applicant paternal grandmother removed as a party from the proceedings.

Family Law Act 1975 (Cth)

APPLICANT: Ms Garratt

RESPONDENT: Ms Aiken

INTERVENOR: Mr C Garratt

INDEPENDENT CHILDREN’S LAWYER: Ms Morton

FILE NUMBER: PAC 3816 of 2016

DATE DELIVERED: 22 July 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 22 July 2019

REPRESENTATION

APPLICANT – SELF-REPRESENTED LITIGANT: Ms Garratt

SOLICITOR FOR THE FIRST RESPONDENT: Ms Campbell of Bowral Legal

SOLICITOR FOR THE SECOND RESPONDENT: Mr Lennon of Sydney West Family Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Morton of Morton Family Lawyers

Orders

1. The Applicant’s paternal grandmother’s application be struck out and dismissed and that the Applicant Ms Garratt be removed from the proceedings.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Garratt & Aiken and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3816 of 2016

Ms Garratt

Applicant

And

Ms Aiken

First Respondent

And

Mr C Garratt

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This Court on 4 June 2019 delivered Reasons for Judgment and made orders in relation to an application for adjournment of a trial that was listed to commence on 4 June 2019 for two days.

2. The application for adjournment was made on the first day of the trial by the Applicant paternal grandmother and respondent father. The circumstances of that application are more fully set out in the Reasons for Judgment delivered by the Court on 4 June 2019.

3. Those orders provided in respect of the Applicant paternal grandmother that she file and serve an amended application by no later than Thursday, 18 July 2019 setting out, with particularity, final orders sought by her in respect of the subject child.  That order has not been complied with.

4. The orders further provided that the Applicant paternal grandmother file an affidavit as to her proposed evidence in chief in the form of one consolidated affidavit.  An affidavit of sorts was filed by the Applicant paternal grandmother on 17 July 2019 within the time limit provided by the orders.

5. A document by way of case outline on behalf of the Applicant paternal grandmother has not been filed in accordance with directions.

6. The orders made on 4 June 2019 were self-executing orders that provided that in default of the Applicant paternal grandmother failing to comply with any of the orders made then her application shall be struck out and dismissed to the effect that she is no longer a party to these proceedings.

7. The Applicant paternal grandmother has not complied and, accordingly, any present application by her before this Court is struck out and dismissed.

8. It is, otherwise, ordered that as a consequence the Applicant Ms Garratt be removed as a party to these proceedings.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 22 July 2019.

Associate:

Date:  22 July 2019