Keane and Rinaldi (No 2)

[2017] FamCA 301

FAMILY COURT OF AUSTRALIA

KEANE & RINALDI (NO 2) [2017] FamCA 301

FAMILY LAW – PRACTICE AND PROCEDURE

APPLICANT: Mr Keane

RESPONDENT: Mr Rinaldi

FILE NUMBER: SYC 279 of 2011

DATE DELIVERED: 9 May 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 9 May 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: No appearance by or on behalf of the Husband

SOLICITOR FOR THE RESPONDENT: Rinaldi & Partners

Orders

1. The application Mr Keane made in his Response filed 11 October 2013 is dismissed with no order as to costs.

2. The matter be removed from the active pending list.

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 Keane & Rinaldi (No 2) 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 279  of 2011

Mr Keane

Applicant

And

Mr Rinaldi

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This matter was listed today for further mention and possible directions. The listing was in response to an email from Rinaldi & Partners, Solicitors, drawing the court’s attention to the fact that the husband’s application contained in a response filed 11 October 2013 that Mr Rinaldi pay the husband’s costs of proceedings before me had not been progressed.

2. Certain orders were made on 4 June 2014 which were in the following terms:

   1.By consent, the husband’s application contained in a Response filed 11 October 2013 that [Mr Rinaldi] pay the husband’s costs be adjourned to a date to be fixed upon the following conditions:

   2.1.Both parties do all things and sign any necessary documents to stay the current proceedings in the [B] Local Court in which proceedings Mr [Rinaldi] is a plaintiff and the husband is the defendant, where Mr [Rinaldi] is seeking an order for outstanding fees against the husband. Such stay will remain in place until this court makes a further order upon the relisting of the matter after the conclusion of Mr [Rinaldi’s] appeal filed 7 June 2013.

   2.2.Within 7 days of Mr [Rinaldi’s] appeal being determined, he is to notify the husband and my associate that the appeal has been determined so that the matter can then be relisted before me for further directions.

   3.Liberty be granted to either party to apply on 14 days notice for variation of these orders. In relation to this liberty, any order that either party seeks needs to be set out in an application in a case and supported by an affidavit.

   4.Leave be granted to Mr [Rinaldi] to inspect the file in its entirety. 

   5.Should Mr [Rinaldi] seek in writing that the husband provide him with a copy of any document that the husband had in the proceedings, then the husband should provide a copy of any document in the husband’s control or possession.

3. I note Mr Rinaldi has informed me that the Local Court proceedings that were the subject of a stay order on 4 June 2014 were actually dismissed.

4. Mr Keane does not seem to have pursued his application and has not attended today.

5. Mr Rinaldi has indicated there may be some other action that he may take in relation to Mr Keane and fees that he alleges Mr Keane owes him and that may revive the matter in another jurisdiction but it is no longer a matter that will require any attention from this court.

6. I dismiss the application that Mr Keane made in his Response filed 11 October 2013.

7. I do not intend to make any order for costs.

I certify that the preceding seven (7) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 9 May 2017.

Associate: 

Date:  10.5.17