FAMILY COURT OF AUSTRALIA
| NACZEK & DOWLER | [2017] FamCA 105 |
| FAMILY LAW – Spouse and child maintenance orders made overseas – husband seeks discharge in Australia because of change of circumstances – respondent fails to appear – circumstances established – provisional orders made. |
| Child Support Assessment Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth) Family Law Act 1975 (Cth) |
| Daniels & Bell (2007) FLC 93-315 Lutzke (1979) FLC 90-714 Vakil & Vakil (1997) FLC 92-743 |
| APPLICANT: | Mr Naczek |
| RESPONDENT: | Ms Dowler |
| FILE NUMBER: | MLC | 4659 | of | 2011 |
| DATE DELIVERED: | 16 February 2017 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 16 February 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Vohra |
| SOLICITOR FOR THE APPLICANT: | Kennedy Partners |
| THE RESPONDENT: | No appearance |
Orders
IT IS ORDERED PROVISIONALLY:
That Order 2 of the orders made on 14 December 2006 in Case No FD05D02174 as varied by the orders of the Honourable Mrs Justice Baron DBE on 3 November 2009 is discharged.
That orders 3 and 4 of the said orders are discharged.
That the Registrar of the Family Court of Australia forward this order together with the reasons for judgment to the Secretary of the Australian Attorney-General’s Department with a request that they be forwarded to the Principal Registry of the Family Division of the High Court of Justice in London, United Kingdom for the purposes of confirmation (either with or without modification) by a court having jurisdiction in respect of the said original overseas maintenance orders.
That the attention of the Secretary of the Attorney-General’s Department is drawn to the provisions of Regulation 38A of the Family Law Regulations 1984.
That the respondent pay the applicant’s costs fixed in the sum of $4091.
That the application filed 6 October 2015 is otherwise dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Naczek & Dowler 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 MELBOURNE |
FILE NUMBER: MLC 4659 of 2011
| Ms Naczek |
Applicant
And
| Ms Dowler |
Respondent
REASONS FOR JUDGMENT
This is an application brought by Mr Naczek seeking the discharge of orders made in the United Kingdom for spousal maintenance and child financial support. Ms Dowler is the respondent. On 23 November 2015, she filed a response seeking that his applications be dismissed, that the current orders be maintained and an order that Mr Naczek pay her costs. The matter was listed for directions on 31 October, at which time both parties appeared, including Mr Naczek being represented and Ms Dowler not.
The matter was then set down for trial. Ms Dowler filed a response on 22 December in the form of an application in a case. I will treat that as, indeed, what she is formally seeking. It indicates that she was aware that the hearing was on 16 February.
Equally consistent with the question of her knowledge of these proceedings is…
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- AGLC
- Naczek and Dowler [2017] FamCA 105
- Case
- [2017] FamCA 105
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the appropriate course of action regarding the existing overseas maintenance orders, given the applicant's request for their discharge. The court was required to determine whether to discharge the orders and, if so, how to effectuate this in relation to the original jurisdiction in the United Kingdom.
Cronin J discharged specific orders made on 14 December 2006 and varied on 3 November 2009. The court directed that the Registrar forward the order and reasons for judgment to the Secretary of the Australian Attorney-General’s Department for transmission to the Principal Registry of the Family Division of the High Court of Justice in London. This was for the purpose of confirmation of the discharge of the original overseas maintenance orders. The court also drew the attention of the Secretary to Regulation 38A of the Family Law Regulations 1984. The respondent was ordered to pay the applicant's costs fixed at $4091, and the applicant's application filed on 6 October 2015 was otherwise dismissed.
Orders
Orders of the court
IT IS ORDERED PROVISIONALLY:
1.
That Order 2 of the orders made on 14 December 2006 in Case No FD05D02174 as varied by the orders of the Honourable Mrs Justice Baron DBE on 3 November 2009 is discharged.
2.
That orders 3 and 4 of the said orders are discharged.
3.
That the Registrar of the Family Court of Australia forward this order together with the reasons for judgment to the Secretary of the Australian Attorney-General’s Department with a request that they be forwarded to the Principal Registry of the Family Division of the High Court of Justice in London, United Kingdom for the purposes of confirmation (either with or without modification) by a court having jurisdiction in respect of the said original overseas maintenance orders.
4.
That the attention of the Secretary of the Attorney-General’s Department is drawn to the provisions of Regulation 38A of the Family Law Regulations 1984.
5.
That the respondent pay the applicant’s costs fixed in the sum of $4091.
6.
That the application filed 6 October 2015 is otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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