Marsden and Marsden

[2007] FamCA 1503

FAMILY COURT OF AUSTRALIA

MARSDEN & MARSDEN [2007] FamCA 1503

FAMILY LAW – CHILDREN – Notice of Discontinuance

Family Law Act 1975 (Cth)

APPLICANT: Mr Marsden

RESPONDENT: Ms Marsden

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLF 2621 of 2006

DATE DELIVERED: 9 November 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Justice Brown

HEARING DATE: 9 November 2007

REPRESENTATION

THE APPLICANT: In Person

THE RESPONDENT: In Person

INDEPENDENT CHILDREN’S LAWYER: Mr M. Weston

INDEPENDENT CHILDREN’S LAWYER: Perry Weston

Orders

1. That all extant applications be struck out.

2. That these proceedings be removed from the List of matters awaiting finalisation.

3. That the reasons for judgment this day be transcribed and that copies be made available to the parties.

4. That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of a solicitor appearing as counsel.

IT IS NOTED that publication of this judgment under the pseudonym Marsden & Marsden is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 2621 of 2006

MR MARSDEN  

Applicant

And

MS MARSDEN  

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. The proceedings in the court were brought by the maternal uncle of two children, B and M.  He sought orders naming the children's mother as respondent.  The children's father has played no part in the proceedings.  An independent children’s lawyer was appointed and he is present today.

2. The applicant uncle filed a notice of discontinuance on 26 September.  He now seeks no orders in respect of B and M.  The respondent mother filed a notice of discontinuance yesterday.  She seeks no orders. 

3. The independent children’s lawyer has had some discussions with the parties and I am indebted to him.  A matter about which he had some concerns has been resolved between the parties and he makes no further submission. 

4. In those circumstances, all extant applications are struck out, the independent children's lawyer will be discharged forthwith and these brief  reasons for judgment will be transcribed and placed on the file.

I certify that the preceding 4 paragraphs are a true copy of the reasons for judgment herein of the Honourable Justice Brown AM.

Associate

9 November 2007