Marsden and Marsden

[2014] FamCA 1172

FAMILY COURT OF AUSTRALIA

MARSDEN & MARSDEN [2014] FamCA 1172

FAMILY LAW – PROCESS AND PROCEDURE – matter to proceed on an ex parte basis

Family Law Act 1975 (Cth)

APPLICANT: Mr Marsden

RESPONDENT: Ms Marsden

INDEPENDENT CHILDREN’S LAWYER: Laurie Robertson

FILE NUMBER: SYC 6980 of 2009

DATE DELIVERED: 23 December 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 23 December 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: Mr Marsden - Self Represented

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: No Appearance

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: No Appearance

Orders

1. That leave is granted for this matter to proceed on an ex parte basis.

2. That the Application in a Case filed on 12 December 2014 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Marsden & Marsden 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 6980 of 2009

Mr Marsden

Applicant

And

Ms Marsden

Respondent

And

Independent Children’s Lawyer

REASONS FOR JUDGMENT

introduction

1. This is an Application for Review of a Registrar’s decision made on 3 December 2014 not to expedite the hearing of the applicant’s Application in a Case filed on 3 December 2014.  The applicant filed further evidence and submissions in support of the review on 22 December 2014.

2. That application sought that interim contested parenting orders made by Senior Registrar Campbell on 12 November 2014 be set aside.  The affidavit in support of that application refers to events that occurred prior to 12 November 2014.

3. Given that there have been recent contested parenting orders, that no new circumstances are alleged, that the wife would have no opportunity properly to respond to the case before Christmas, that orders are in place for the preparation of a Children and Parents Issues Assessment in March 2015 and that the matter is otherwise before Senior Registrar Campbell on 21 January 2015 the Application in a Case filed 12 December 2014 is dismissed.

4. The same result would ensue even if the Application in a Case of 3 December 2014 was treated as an Application to Review the Registrar’s decision.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 23 December 2014.

Associate: 

Date:  23 December 2014