FAMILY COURT OF AUSTRALIA
| NOELLE & FOURNIER | [2009] FamCA 328 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – matter listed for short trial on Rice and Asplund issue – where the father only received the mother’s case outline on the morning of the hearing – whether the grant or refusal to grant an adjournment would prejudice either party – where the father is self represented but has legal knowledge – adjournment granted |
| Family Law Rules 2004 (Cth) Rice & Asplund (1979) FLC 90-725 |
| APPLICANT: | Ms Noelle |
| RESPONDENT: | Mr Fournier |
| INDEPENDENT CHILDREN’S LAWYER: | Mrs Reed |
| FILE NUMBER: | MLC | 11383 | of | 2007 |
| DATE DELIVERED: | 21 April 2009 |
| PLACE DELIVERED: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 21 April 2009 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Cocks |
| SOLICITOR FOR THE APPLICANT: | Philip Lineton |
| COUNSEL FOR THE RESPONDENT: | In person |
| SOLICITOR FOR THE RESPONDENT: | N/A |
| INDEPENDENT CHILDREN’S LAWYER COUNSEL: | Mr M.A. Boehm |
| INDEPENDENT CHILDREN’S LAWYER SOLICITOR: | Legal Services Commission |
Orders
Further consideration of the Rice and Asplund argument is adjourned to the Short Trial list of the 25 May 2009 at 10.00 am before the Honourable Justice Strickland.
IT IS NOTED that publication of this judgment under the pseudonym Noelle & Fournier is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: MLC 11383 of 2000
| MS NOELLE |
Applicant
And
| MR FOURNIER |
Respondent
EX-TEMPORE REASONS FOR JUDGMENT
This is an application by the father, seeking an adjournment of the proceedings which are listed before me for determination today. Specifically, an adjournment in relation to the consideration of the Rice & Asplund arguments relating to the fresh application of the mother seeking parenting orders in relation to the two children of the parties.
The application seeking the adjournment is based upon the fact that the father only received this morning, shortly before the case came before me this morning, the case outline of the mother, which is over nine pages long, setting out the orders which she is seeking and the basis upon which she seeks those orders.
To see the application in the appropriate context it is necessary to indicate that the previous proceedings between the parties, which were in place for some time, were finalised by orders of Justice Bennett on 23 August 2007. There were then further orders made in October 2007 and December 2008 in relation to children's issues.
Significantly, in October 2008 namely, on 15 October 2008 his Honour Justice Burr had the matter before him, when he noted that the final orders in relation to the children were made by Justice Bennett on 23 August 2007 at the conclusion of defended trial proceedings and that the father wished the Court first to determine, on a Rice & Asplund basis, whether or not the mother's fresh application ought…
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- AGLC
- Noelle & Fournier [2009] FamCA 328
- Case
- [2009] FamCA 328
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the application of the principles established in *Rice v Rice* and *Asplund v Asplund* to the present case. This involved determining how certain assets or contributions should be treated in the context of property settlement.
Dawe J determined that further consideration of the *Rice* and *Asplund* arguments was necessary. Consequently, the court adjourned this aspect of the proceedings to a later date for further argument before another judge. The court made no final orders regarding the property division itself at this stage.
Orders
Orders of the court
1.
Further consideration of the Rice and Asplund argument is adjourned to the Short Trial list of the 25 May 2009 at 10.00 am before the Honourable Justice Strickland.
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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