Kier and Ferrer

[2015] FamCA 1127

FAMILY COURT OF AUSTRALIA

KIER & FERRER [2015] FamCA 1127

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Contravention application – Where the applicant father had recently been hospitalised and was unwell at the hearing – Where the father had only been served filed material by the respondent mother the day before the hearing – Application for adjournment granted.

Family Law Act 1975 (Cth)

APPLICANT: Mr Kier

RESPONDENT: Ms Ferrer

FILE NUMBER: SYC 7053 of 2007

DATE DELIVERED: 24 November 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 24 November 2015

REPRESENTATION

FOR THE APPLICANT: Mr Kier in person

FOR THE RESPONDENT: Ms Ferrer in person

Orders

1. The applicant’s oral application for an adjournment of the contravention hearing listed today is granted.

2. The matter is adjourned to 19 May 2016 at 10.00 am before McClelland J for contravention hearing.

IT IS NOTED that publication of this judgment by this Court under the pseudonym  Kier & Ferrer 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 SYDNEY

FILE NUMBER: SYC 7053 of 2007

Mr Kier

Applicant

And

Ms Ferrer

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This matter has been listed for hearing today for the purpose of considering a contravention application filed by Mr Kier (“the father”) on 4 March 2015.

2. The matter was previously listed on 17 July 2015, but was adjourned as a result of the respondent mother only having recently been served with the application prior to that last hearing date. 

3. When this matter was called today, the father indicated that he was not in a position to proceed for two reasons: 

   ·Firstly, he had recently been hospitalised and was today unwell; and

   ·Secondly, he has only recently received affidavit material filed by the mother; which consisted of an affidavit of Mr HH sworn on 14 November 2015, affidavit of Ms Ferrer sworn on 13 November 2015, and also an affidavit of Ms L Ferrer sworn on 13 November 2015. 

4. The father has indicated that he received the affidavits by way of registered mail at approximately 3.00 pm yesterday, 23 November 2015. He advised that the envelope containing that material had a date stamp of 21 November 2015. 

5. I should record that the mother opposes the adjournment application and noted that the application for contravention is the father’s application and not hers. I note that the mother is in a position to meet that application today. 

6. Nevertheless, the application for adjournment is, in the circumstances, granted for the following reasons:

   a)the fact that the father has been recently hospitalised;

   b)that the father received affidavit material at approximately 3.00 pm yesterday;  and

   c)the father reports being quite significantly unwell today. 

7. In granting the request to adjourn the father’s contravention application, the Court notes its advice to the father that the first day it has to hear his application is on 19 May 2016.  Even though that advice has been provided to the father, he still elects to apply for the adjournment rather than to proceed today. 

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice McClelland delivered on 24 November 2015.

Associate: 

Date:  17.12.2015