Lagarno and Lagarno

[2010] FamCA 618

FAMILY COURT OF AUSTRALIA

LAGARNO & LAGARNO [2010] FamCA 618

FAMILY LAW – PRACTICE AND PROCEDURE – non-appearance of a party

Family Law Act 1975 (Cth)

APPLICANT: Ms Lagarno

RESPONDENT: Mr Lagarno

FILE NUMBER: SYC 7264 of 2007

DATE DELIVERED: 22 July 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: The Hon. Justice Cleary

HEARING DATE: 22 July 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Macedone Christie Willis

RESPONDENT: No appearance by husband

Orders

1. That the proceedings are listed for mention before me at 9.30am on 24 August 2010 at the Parramatta Registry of the Family Court of Australia for consideration at that time as to whether the matter should be set down as an undefended hearing.

2. That within seven (7) days from today a sealed copy of the Orders made this day be forwarded to the husband by registered post.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER:  SYC7264 of 2007

MS LAGARNO

Applicant

And

MR LAGARNO

Respondent

REASONS FOR JUDGMENT

1. In this matter the proceedings were listed before me for a hearing (Less Adversarial Trial) in property matters.

2. The matter was called at 12 midday and there was no response or appearance by the husband, Mr Lagarno.

3. This morning there was a telephone call to the Sydney Registry by the husband indicating that he was not intending to be at the hearing due to illness and that he would be forwarding by facsimile transmission a medical certificate.

4. Subsequently, a document titled “Medical Certificate”, undated and said to be by Dr K was received in the Sydney Registry.

5. The solicitor for the wife, Mr Minehan, was not notified prior to today that the husband would not be attending the hearing.

6. Accordingly, the matter cannot proceed today and there is some evidence suggesting that the husband has been unable to attend due to medical reasons in the past.

7. I am concerned that these proceedings have been on foot for more than two years and needs to be resolved.

8. Therefore, I intend to list the matter for consideration as to whether it should be set down as an undefended hearing.

I certify that the preceding eight paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cleary

Associate: 

Date:  22 July 2010