Kappas and Kappas

[2016] FCCA 420

FEDERAL CIRCUIT COURT OF AUSTRALIA

KAPPAS & KAPPAS [2016] FCCA 420

Catchwords:
FAMILY LAW – Property – husband has failed to comply with court orders – case is listed for an undefended hearing.

Applicant: MS KAPPAS

Respondent: MR KAPPAS

File Number: MLC 7430 of 2015

Judgment of: Judge Harland

Hearing date: 15 February 2016

Date of Last Submission: 15 February 2016

Delivered at: Melbourne

Delivered on: 15 February 2016

REPRESENTATION

Counsel for the Applicant: Mr Renwick

Solicitors for the Applicant: Kennedy Guy

The  Respondent: No appearance

ORDERS

1. The respondent make, file and serve a response, affidavit and final statement by 1 April 2016.

2. The respondent is to pay the applicant’s costs of today in the sum of $745.60 within 30 days.

3. The proceeding is adjourned for an undefended hearing on 19 April 2016 at 9:00am.

4. The applicant is to file and serve material by 15 April 2016 if this matter proceeds on an undefended basis.

IT IS NOTED that publication of this judgment under the pseudonym Kappas & Kappas is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 7430 of 2015

MS KAPPAS

Applicant

And

MR KAPPAS

Respondent

REASONS FOR JUDGMENT

1. These reasons for judgment were delivered orally.  They have been corrected from the transcript.  Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This matter comes before me today at the request of the Registrar who attempted to conduct a conciliation conference today at 11:00am.  The conciliation conference report notes that Mr Renwick attended on behalf of the applicant and that the husband did not appear.  The conference was listed at 11:00am. The husband’s non-attendance was noted at 11:15am.

3. Orders were made on the last occasion when the husband was in Court representing himself on 5 October 2015 which provided for joint valuations to be obtained of Property H1 and Property H2, if the parties could not agree on a valuation. The husband was also directed to file his material by 4:00pm on 2 November 2015.

4. The husband has not complied with those orders and, as a result, the conciliation conference, which is an important settlement tool the Court uses, has been wasted and, while this application has been unable to be progressed, in light of that, Mr Renwick seeks his costs for today, being two hours at his hourly rate, totalling $745.60.  In the circumstances, I am satisfied that it is appropriate to order costs.

5. I note that this matter is listed for a one-day hearing on 7 September 2016. If the husband does not comply with the orders, then there is no point in keeping that listing and therefore, I am going to list the matter at 9:00am on 19 April 2016. The matter will either proceed as a mention on that day provided the husband complies with the orders to file his material and to cooperate with the valuation process or if he does not the case will proceed as an undefended hearing and final orders will be made.

6. The husband should be aware that if the matter proceeds on an undefended basis it may well be that one of the orders I make is to sell both properties, particularly if the wife is unable to obtain valuations, given that the husband has control of both properties.

7. I will direct that the husband file his material by 4 April 2016 and I will direct the wife file any updated material, if so advised, by 11 April 2016.  In the event that the husband does not file any material, the matter proceed will proceed on an undefended basis on the next occasion.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Harland

Date: 2 March 2016