HURST & PRICE

[2015] FamCA 874

FAMILY COURT OF AUSTRALIA

HURST & PRICE [2015] FamCA 874

FAMILY LAW – PRACTICE AND PROCEDURE – Non-appearance of both parties – where parties advised of listing – all applications before the Court dismissed – proceedings removed from the active pending cases list.

Family Law Rules 2004 (Cth) r 12.13

APPLICANT: Mr Hurst

RESPONDENT: Ms Price

FILE NUMBER: DUC 244 of 2009

DATE DELIVERED: 13 October 2015

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 13 October 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: No appearance

SOLICITOR FOR THE APPLICANT: No appearance

COUNSEL FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE RESPONDENT: No appearance

Orders

1. That all applications before the Court be dismissed.

2. That the proceedings be removed from the active pending cases list.

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

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER:  DUC 244 of 2009

Mr Hurst

Applicant

And

Ms Price

Respondent

REASONS FOR JUDGMENT

1. It is now 1 pm.  These proceedings were listed before this Court today at 9.30 am.  The parties, Mr Hurst and Ms Price have been called on several occasions during the course of the morning, and there is, by this time, no appearance by or on behalf of either of the parties.

2. The short background is that on 5 September 2014, final orders were made by consent in relation to the subject children, B, born in 2001, and C, born in 2006.  Those orders provided that C live with the mother and that B live with the father, and there were other orders made for appropriate time for the children to spend with the other parent.

3. Subsequent to final orders being made, proceedings came before the Local Court at D Town on or about 4 May 2015 being an application by the mother for a return of the child C to her care;  a recovery application. 

4. That application was dealt with by the Local Court, and on 4 May 2015, the Local Court at D Town ordered that the respondent deliver the child, C, to the mother’s home by 6 pm each alternate Friday, commencing 8 May 2015 and collect the child from those premises at 5 pm each alternate Sunday, commencing 10 May 2015. Those orders substantially reflecting the final orders made back in September 2014.

5. The proceedings were transferred by the Local Court at D Town to the Federal Circuit Court, and on the matter being listed before the Federal Circuit Court on 17 August 2015, Judge Dunkley ordered:

   (1)That the applicant father file and serve an Initiating Application by 11 September 2015;

   (2)That the respondent mother file and serve a Response and a Response to the father’s Application in a Case, and any affidavit by 30 September 2015;

   (3)That both the applicant and respondent file those documents in the Family Court of Australia; and

   (4)The proceedings be transferred to the Family Court of Australia at Parramatta to be listed before this Court on a date to be advised.

6. The matter has been listed before this Court today, and the parties were advised of such listing by letter from the Registry Manager dated 24 August 2015. 

7. The parties have not complied with directions made by Judge Dunkley in the Federal Circuit Court, and there being no appearance by or on behalf of both parties today, it is appropriate that the proceedings be dismissed pursuant to Rule 12.13.

8. Orders will be made accordingly.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 13 October 2015.

Associate: 

Date:  13 October 2015