Morrison & Anor and Morley & Ors

[2013] FamCA 102

FAMILY COURT OF AUSTRALIA

MORRISON AND ANOR & MORLEY AND ORS [2013] FamCA 102

FAMILY LAW - PRACTICE AND PROCEDURE – Hearing

Family Law Act 1975 (Cth)

APPLICANT / TRUSTEE FOR THE BANKRUPT ESTATE OF MS MORRISON:

Mr West

APPLICANT: Ms Morrison

1^ST RESPONDENT: Mr Morley

2^ND RESPONDENT: Mr I Morley

3^RD RESPONDENT: Mr D Morley

FILE NUMBER: SYC 862 of 2008

DATE DELIVERED: 13 February 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Fowler J

HEARING DATE: 13 February 2013

REPRESENTATION

APPLICANT / TRUSTEE FOR THE BANKRUPT ESTATE OF MS MORRISON:

No appearance

APPLICANT: No appearance

1^ST RESPONDENT: Mr Morley by telephone link

2^ND RESPONDENT: No appearance

3^RD RESPONDENT: No appearance

Orders

1. The hearing dates before Justice Fowler from Monday, 4 March 2013 to Friday, 8 March 2013 are confirmed.

2. Leave is granted to the 1^st respondent to make an oral application for leave to attend by video link at the hearing.

3. Leave is granted to the 1^st respondent to attend by video link at the hearing.

4. The Orders made this day be taken out and forwarded to Mr Beazley, the solicitor for the Trustee as soon as practicably possible.

5. The Court forward a request to Mr Beazley, the solicitor for the Trustee, to provide to the Court a current address for the wife in these proceedings so that the wife may be kept informed of the progress of the litigation.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Morrison and Anor &  Morley and Ors 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 862  of 2008

Mr West

Applicant / Trustee for the Bankrupt Estate of Ms Morrison

And

Ms Morrison

Applicant

And

Mr Morley

1^st Respondent

And

Mr I Morley

2^nd Respondent

And

Mr D Morley

3^rd Respondent

REASONS FOR JUDGMENT

1. This matter was listed before me today for the purpose of permitting Mr I Morley and Mr D Morley to inform the Court as to what their intention was in relation to a certain Amended Initiating Application filed by the Trustee in the Bankrupt Estate of the wife seeking certain orders against them under the provisions of section 106B of the Family Law Act.

2. It is noted that when the matter was last before the Court on 18 January 2013 that part of that application which sought section 106B Orders against a company called S Limited was withdrawn.

1. Directions were made for the Trustee in Bankruptcy to serve Mr I Morley and Mr D Morley with the Application that they had filed in these proceedings.  No evidence is before the Court as to the service of those documents.  Mr Beazley does not appear.  Neither does Mr I Morley or Mr D Morley.

2. The matter was listed initially at 9.30 am on this day;  parties were informed by email that the mention time had been altered to 10.30 am.  It is now 10.45 am.  There was no appearance at 9.30 am in any event before this Court although the matter was not then called.  The Court was sitting.

3. Telephone calls to Mr Beazley’s office have been unable to produce any communication with Mr Beazley.  In the circumstances of this case absent evidence that the Applications have been served it is the intention of the Court to confirm the dates for hearing and to notify the parties that the matter will proceed on such evidence as is available at the time of the hearing.

(Recorded:  not transcribed)

1. Leave is granted to the husband to make an oral application to attend by video link at the hearing.

2. Leave is granted to the husband to attend by video link at the hearing.

3. I direct that an Order be taken out reflective of the comments I have made as notations and be forwarded to Mr Beazley, the solicitor for the Trustee as soon as practicably possible.

(Recorded:  not transcribed)

1. I direct that the Court forward a request to Mr Beazley, the solicitor for the Trustee to provide to the Court a current address for the wife in these proceedings so that the wife may be kept informed of the progress of the litigation.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler delivered on 13 February 2013.

Associate: 

Date:  26 February 2013