HAWKING & HAWKING

[2018] FamCA 890

FAMILY COURT OF AUSTRALIA

HAWKING & HAWKING [2018] FamCA 890

FAMILY LAW – PROPERTY – Application for summary dismissal – Where the Second Respondent, who is the father of the Respondent husband, seeks an order that the proceedings against him be summarily dismissed – Where the Second Respondent, in the alternative, seeks an order that the orders sought by the Applicant wife as against him be struck out – Where the Court could not be satisfied that the contentions of the Applicant wife are frivolous, vexatious or embarrassing – Application dismissed.

Family Law Act 1975 (Cth), ss. 45A, 102Q, 102QA, 106B

High Court Rules 2004, r. 27.09.5
Family Law Rules 2004, rr. 10.12, 11.10

Agar v Hyde (2000) 201 CLR 552
Bahar v Sohrab [2017] FamCA 792
Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256
Chifley & Ha [2017] FamCA 683
General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125
Harris v Dewell [2018] FLC 93-839
Riemann & Riemann (No. 3) [2017] FamCA 911
Seidler v Carroll & O’Dea [2013] NSWSC 338
Spellson v George (1992) 26 NSWLR 666
State of New South Wales v Spearpoint [2009] NSWCA 233
Walton & Gardiner (1993) 177 CLR 378
Westpac Banking Corporation v Michael Vincent Bourke & Anor [2012] NSWSC 111

APPLICANT: Mr Hawking

RESPONDENT: Ms Hawking

FILE NUMBER: SYC 8389 of 2016

DATE DELIVERED: 2 November 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 18 September 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Richardson SC

SOLICITOR FOR THE APPLICANT: Barkus Doolan

COUNSEL FOR THE RESPONDENT: Mr Cummings SC

SOLICITOR FOR THE RESPONDENT: Solari & Stock Lawyers

Orders

1. The Second Respondent’s Application in a Case filed on 30 August 2018 be dismissed.

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 Hawking & Hawking 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 SYDNEY

FILE NUMBER: SYC 8389 of 2016

Mr Hawking

Applicant

And

Ms Hawking

Respondent

REASONS FOR JUDGMENT

Introduction

1. In this matter, the Second Respondent to the substantive proceedings seeks that the proceedings against him be summarily dismissed, or in the alternative, that the orders sought by the Applicant to the substantive proceedings which seek relief as against him be struck out. 

2. For the purposes of this interim matter, the Applicant in the substantive proceedings, while she is the Respondent in this application will be referred to as the “Applicant”, while the Second Respondent in the substantive proceedings, who is the Applicant in…