Malkmus and Ford

[2015] FamCA 1120

FAMILY COURT OF AUSTRALIA

MALKMUS & FORD [2015] FamCA 1120

FAMILY LAW – PRACTICE AND PROCEDURE – where Registrar declined to make consent property orders sought in Application for Consent Orders – where matter referred to the Court – where no appearance by both parties – where material discloses outstanding  taxation debt – where unable to determine whether orders sought just and equitable – application for consent orders dismissed.

APPLICANT: Ms Malkmus

RESPONDENT: Mr Ford

FILE NUMBER: PAC 5182 of 2015

DATE DELIVERED: 1 December 2015

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 1 December 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: No appearance

COUNSEL FOR THE RESPONDENT: No appearance

Orders

1. The Application for Consent Orders filed on 26 October 2015 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Malkmus & Ford 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 PARRAMATTA

FILE NUMBER: PAC 5182 of 2015

Ms Malkmus

Applicant

And

Mr Ford

Respondent

REASONS FOR JUDGMENT

1. This matter was called by the Court Officer shortly after 9.30 am, and then again shortly before 10.00 am, and as at 11.10 am this morning, there is no appearance by or on behalf of either of the parties. 

2. The application before the Court is an application for consent property orders filed on 26 October 2015, being a joint application by the parties to the marriage.  The matter has been referred by the Registrar who had declined to make the orders.

3. The application is deficient in background material that would enable the Court to make any finding as to whether the orders sought are just and equitable, particularly in light of the disclosure of a most significant outstanding debt alleged owing by the husband to the Australian Taxation Office. 

4. In all of the circumstances, there being no appearance of either of the parties, the application for consent orders filed on 26 October 2015 is dismissed.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 1 December 2015.

Associate: 

Date:  1 December 2015