Hoffmann and Hoffmann

[2007] FamCA 86

FAMILY COURT OF AUSTRALIA

HOFFMANN & HOFFMAN [2007] FamCA 86

FAMILY LAW - PROCEDURAL - non attendance by party - directions for undefended hearing

Family Law Act 1975 (Cth)

HUSBAND: Mr Hoffmann

WIFE: Mrs Hoffmann

FILE NUMBER: MLF 2207 of 2005

DATE DELIVERED: 31 January, 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Brown J

HEARING DATE: 31 January, 2007

REPRESENTATION

HUSBAND: No appearance

WIFE: In person

Orders

1. That all extant applications be adjourned to the registrar’s list at 9:45 am. on 17 April, 2007. 

1. That the Court send a sealed copy of this order to the husband at T, being the last known residential address provided by his former solicitors in a Notice of Ceasing to Act dated 20 April, 2006. 

1. That in the event the husband fails to appear (in person or by a legal representative) on the adjourned date, the wife have leave to seek orders on an undefended basis.

1. That a sealed copy of this order be sent to the solicitors being retained by the wife, R. & G. Lawyers, DX 34046, Lilydale.

1. That the reasons for judgment this day be transcribed and that copies be made available to the parties.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 2207  of 2005

Mr Hoffmann

Husband

And

Mr Hoffmann

Wife

REASONS FOR JUDGMENT

1. The wife filed an application on 13 February 2006.  The case has been adjourned a number of times.  On my reading of the file, the husband last appeared on 1 June 2006.  He did not appear at the conciliation conference on 24 July, or at another conciliation conference on 24 August, or at a directions hearing on 13 December.

1. The husband’s solicitors filed a notice of ceasing to act on 20 April 2006 in which they gave his last known residential address as T.  The wife's then solicitor filed a notice of ceasing to act on 11 January, 2007 but I am advised that she has now retained further solicitors.  They have not yet filed a notice of address for service.

1. In these circumstances, given the long delay since the filing of the application and the numerous non-appearances by the husband, I am satisfied the case be adjourned to a registrars' directions list to allow the wife’s new solicitors to familiarise themselves with the matter and readiness for trial.  If the husband failed to attend on the adjourned date the wife will have leave to proceed on an undefended basis.

I certify  that the preceding
3 paragraphs
are a true copy of the reasons for
judgment herein of the
Honourable Justice Brown.

Dated the           day of            2007.

…………………………………………
Associate

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as HOFFMANN & HOFFMANN