Laconte & Laconte
[2024] FedCFamC1F 728
•14 October 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Laconte & Laconte [2024] FedCFamC1F 728
File number(s): BRC 3511 of 2024 Judgment of: JARRETT J Date of judgment: 14 October 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – No appearance by either party – Emails sent late to chambers requesting leave to appear by telephone – Requests for electronic attendance to be made in accordance with the Rules Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 10.27 Cases cited: Buljubasic & Buljubasic (1999) 25 Fam LR 371 Division: Division 1 First Instance Number of paragraphs: 3 Date of hearing: 14 October 2024 Place: Brisbane Solicitor for the Applicant: No appearance Solicitor for the Respondent: No appearance ORDERS
BRC 3511 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS LACONTE
Applicant
AND: MR LACONTE
Respondent
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
14 OCTOBER 2024
THE COURT ORDERS THAT:
1.The application is adjourned for directions/case management hearing to 9.30am on 5 November 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.
2.In the event either the applicant or the respondent fails to appear on 5 November 2024, that party’s application or response may be dismissed pursuant to r 10.27 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JARRETT J:
This is an application that was listed before me for directions this morning on referral from the case management judge in the Federal Circuit and Family Court of Australia (Division 1) in Brisbane. On Friday 11 October 2024, after hours, there was an email received from the applicant requesting that the case management hearing today be adjourned, I think. Then this morning, there was another email from the applicant seeking an adjournment, but attaching what is said to be a medical certificate. The practise of sending emails to the Court requesting adjournments or suggesting that there will be telephone appearances very soon before the hearing is not one that is acceptable. The Full Court said as much, a long time ago now, in Buljubasic & Buljubasic (1999) 25 Fam LR 371. That case has been applied on a number of occasions.
From the respondent’s point of view, there was an email apparently received this morning by my associate via the registry from lawyers who purport to act for the respondent seeking permission to appear by telephone at the directions hearing. An email was sent, apparently, at 8.30am and purports to be sent to my associate, but it was sent to the wrong email address. The practise of sending requests to appear by telephone at such short notice is not acceptable either. I am minded to dismiss all outstanding applications and responses for non-appearance. The contempt for which the applicant and the practitioners for the respondent show the court through their inability or unavailability here is concerning. I won't dismiss the application today though.
I intend to adjourn it to my next available date, bearing in mind that I have some leave coming up shortly. If there are no appearances on the next date, and electronic appearances are not organised in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) for the next date, I will most likely dismiss the proceedings, the application if it is the applicant who does not appear, or the response if the respondent does not appear. The next available date I have for a directions hearing will be Tuesday 5 November 2024 at 9.30am. All outstanding applications are adjourned to that date.
I certify that the preceding three (3) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Jarrett. Associate:
Dated: 14 October 2024
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