Langton and Langton
[2008] FMCAfam 414
•25 March 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LANGTON & LANGTON | [2008] FMCAfam 414 |
| FAMILY LAW – Property – little to litigate between the parties – failure by the wife to respond to the application. |
| Applicant: | MR LANGTON |
| Respondent: | MS LANGTON |
| File Number: | BRC 1215 of 2008 |
| Judgment of: | Burnett FM |
| Hearing date: | 25 March 2008 |
| Date of Last Submission: | 25 March 2008 |
| Delivered at: | Brisbane |
| Delivered on: | 25 March 2008 |
REPRESENTATION
| Solicitors for the Applicant: | Simonidis Shoebridge Lawyers |
| There was no appearance by or on behalf of the Respondent |
ORDERS
That by way of final property settlement, each of the applicant and respondent retain those chattels of which they stand possessed as at the date of these orders and they each assume responsibility for any liability personally due as at the date of these orders.
IT IS NOTED that publication of this judgment under the pseudonym Langton & Langton is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRC 1215 of 2008
| MR LANGTON |
Applicant
And
| MS LANGTON |
Respondent
REASONS FOR JUDGMENT
In this application, the applicant filed an application seeking, among other things, property settlement. The application sought orders that the property of the marriage be equally divided. It is apparent by reference to a review of the financial statement of the applicant,
Mr Langton, that the net value of assets – at least his assets –equates to no more than about $5000. His assets principally comprise tools of trade for his employment.
By and large, it seems there is very little to litigate between the parties which probably accounts for the failure by the wife to respond to the application and, further, to attend on the hearing of the application today. I note in that regard that she has engaged in what is, perhaps, a more substantive part of the application and that concerns the matter of children.
Given there has been failure by her to appear, I am content, pursuant to Rule 13.03A that it is appropriate in this case to proceed with the hearing generally and to afford the relief claimed in the proceedings despite her absence.
I am satisfied in that regard that she has been served and she is aware of today's proceedings.
I certify that the preceding words four (4) paragraphs are a true copy of the reasons for judgment of Burnett FM
Associate: Beverley Schmidt
Date: 1 May 2008
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