Manrow and Manrow

[2014] FamCA 369

FAMILY COURT OF AUSTRALIA

MANROW & MANROW [2014] FamCA 369

FAMILY LAW – PRACTICE AND  PROCEDURE – Application for adjournment – Application granted.

Family Law Act 1975 (Cth)

APPLICANT: Ms Manrow

RESPONDENT: Mr Manrow

FILE NUMBER: SYC 7667 of 2012

DATE DELIVERED: 30 April 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 30 April 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Campton

SOLICITOR FOR THE APPLICANT: Mills Oakley Lawyers

THE RESPONDENT IN PERSON: Mr Manrow

Orders

(1)  That by consent orders are made in accordance with the three (3) sets of short minutes, initialled by me and dated today, as set out herein and attached:

a.    ‘Terms of Settlement’ marked Annexure “A” hereto.

b.   ‘Consent Orders’ marked Annexure “B” hereto.

c.   ‘Terms of Consent Parenting Orders’ marked Annexure “C” hereto.

(2)  That upon the wife agreeing to give reasonable consideration to the husband taking the children overseas to Ireland to visit his mother, I make an order in the terms of paragraph 8 of the wife’s amended application in a case filed 28 April 2014, set out herein:

8.   That the Wife be permitted to remove the children:

8.1[B] born … 2002;

8.2[N] born … 2005; and

8.3[J] born … 2006

(“the children”) from the Commonwealth of Australia temporarily for the purpose of a holiday to Fiji from 4 to 14 July 2014 inclusive.

(3)  That leave is granted to the husband to file in Court this day an amended response to an application in a case to be relied upon today. 

(4)  That the husband’s application for adjournment of todays’ proceedings is hereby granted and stood over to the duty list on 11 August 2014 at 9.30am.

(5)  That the husband shall file and serve all material to be relied upon by no later than close of business on 21 July 2014.

(6)  That this matter is listed for mention before his Honour Justice Watts at 12noon on Monday 23 June 2014.

(7) That pursuant to s 62B of the Family Law Act, information about the family counselling services, family dispute resolution services and other courses, programs and services available, is set out in the Fact Sheet attached hereto.

(8) That pursuant to s 65DA(2) of the Family Law Act, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet, attached hereto and these particulars are included in these orders.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Manrow & Manrow 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 SYDNEY

FILE NUMBER: SYC 7667 of 2012

Ms Manrow

Applicant

And

Mr Manrow

Respondent

REASONS FOR JUDGMENT

Introduction

1. There is before me an unsworn copy of an affidavit of Mr Manrow, (“the father”) upon which he wishes to rely.  Counsel for the wife has no objection to him relying upon that affidavit as if it were sworn.

2. What remains in the proceedings before me today is the father’s application to vary the orders to reduce his obligations to pay periodic and amounts of spousal maintenance. 

3. In support of that application the father has prepared an affidavit which has not yet been sworn.  In the course of the hearing it became clear that there is some further evidence upon which he needs to rely which is not presently available to him.  He, accordingly, seeks an adjournment of that aspect of the matter.  That application is not opposed, however, counsel for the wife indicated to the court and, to the father, that it is his client’s position that:

   a)the father’s fees have not in fact reduced; and

   b)that the amounts outstanding to the Australian Taxation Office are not known because income tax returns have not been lodged for a couple of years.

4. Whether those things are right or not, I do not know, but they are now on the record should they become relevant. 

5. It is appropriate to adjourn the matter today.  

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 30 April 2014.

Legal Associate: 

Date:  28 May 2014