Leon and Leon

[2012] FamCA 610

FAMILY COURT OF AUSTRALIA

LEON & LEON [2012] FamCA 610

FAMILY LAW – Where there has been no meaningful participation by either party in the court process for some – Where all extant applications are dismissed and the matter is finalised

Family Law Act 1975 (Cth)

APPLICANT: Mr Leon

RESPONDENT: Ms Leon

FILE NUMBER: LEC 275 of 2009

DATE DELIVERED: 20 July 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 20 July 2012

REPRESENTATION

THE APPLICANT: No appearance

SOLICITOR FOR THE APPLICANT: Reardon & Associates

THE RESPONDENT: No appearance

Orders

1. All applications be dismissed and removed from the list of cases awaiting finalisation.

2. Following the expiration of the Appeal period, all subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Leon & Leon 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 BRISBANE

FILE NUMBER: LEC 275 of 2009

Mr Leon

Applicant

And

Ms Leon

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. In the matter of Leon, I record that there is no appearance by either party on the callover of the matter this morning.

2. The subject proceedings commenced in the Federal Magistrates Court on 30 July 2010 and were transferred to this court on 7 December 2010.

3. Although the file held by the court indicates that the applicant husband has historically been represented, there is no notice of ceasing to act on behalf of the applicant husband.  His solicitors have advised the court that they have been for some time, unable to obtain instructions from the applicant and the position has been reached where there have been several attempts to engage the applicant husband’s participation in the proceedings, but for a significant period that has not been possible and the position is now reached that the court has been unable to contact the applicant husband.

4. The respondent wife has been unrepresented in the proceedings, which are financial in nature, and she has informed the court that she has been declared bankrupt.  Her trustee in bankruptcy has been informed of the matter by both parties and been provided with copies of orders made by the court.

5. There has been no meaningful participation by or on behalf of the respondent for some time.  No recent documents have been filed in the court by either party.

6. Orders were made on 26 June 2012 listing the matter to this callover.  Sealed copies of those orders were provided to all parties and the trustee in bankruptcy and despite that feature, there is no appearance in the matter today.

7. I will therefore order that all pending applications be dismissed and removed from the pending cases list.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 20 July 2012.

Associate: 

Date:  1 August 2012