Morrison & Anor & Morley

[2013] FamCA 141

FAMILY COURT OF AUSTRALIA

MORRISON AND ANOR & MORLEY [2013] FamCA 141

FAMILY LAW – PRACTICE AND PROCEDURE – Trustee has informed the Court he won’t pursue the claim – Claim dismissed.

Family Law Act 1975 (Cth)

APPLICANT / TRUSTEE FOR THE BANKRUPT ESTATE OF MS MORRISON:

Mr West

APPLICANT: Ms Morrison

RESPONDENT: Mr Morley

FILE NUMBER: SYC 862 of 2008

DATE DELIVERED: 4 March 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Fowler J

HEARING DATE: 4 March 2013

REPRESENTATION

APPLICANT / TRUSTEE FOR THE BANKRUPT ESTATE OF MS MORRISON:

No appearance

APPLICANT: No appearance

RESPONDENT: Mr Morley by video link

Orders

1. All outstanding applications are dismissed.

2. All material produced in response to subpoenas is to be returned to the party who produced it.

3. The matter is removed for the list of Active Pending Cases.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Morrison and Anor & Morley 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/wife

And

Mr Morley

Respondent/husband

REASONS FOR JUDGMENT

1. In the proceedings before the Court claim has been made by Ms Morrison (the wife) for orders against her former husband for alteration of property interests and other financial relief.

2. During the course of the proceedings the wife became bankrupt and

   
   

   Mr West was appointed Trustee in Bankruptcy for her.

3. Mr West appeared before the Court and sought orders joining relatives of the husband and orders under section 106B of the Family Law Act and indicated his desire to continue the wife’s application to the Court.

4. Since that time there is no evidence before the Court that anything has been served on the relatives sought to be joined and the Trustee in Bankruptcy has informed the Court by email on Friday last that it is not his intention to pursue the claim against the husband.  In the circumstances that claim is dismissed.

5. The Court was notified by the wife of her intention to bring proceedings for orders with respect to the superannuation entitlements of the husband.

6. According to emails received from the Trustee in Bankruptcy, the Trustee has obeyed a direction of the Court informing the wife of the listing of the proceedings for hearing today and has kept her informed of the progress of the matter.

7. The wife has not filed any Notice of Address for Service nor has she, apart from her Initiating Application filed in 2009, filed any altered or varied application seeking orders for the relief she indicated she might seek.  The wife also has not filed, apart from a Financial Statement filed in April 2009, any current trial affidavits.

8. The wife has been called outside the Court this morning and does not appear.

9. A telephone call to her number provided by the Trustee was not answered.

10. The respondent seeks not to press his application and makes no application for costs.

11. In the circumstances, the Court proposes to dismiss all applications before it.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler delivered on 4 March 2013.

Associate: 

Date:  8 March 2013