Ogden and Ogden

Case

[2015] FamCA 40

14 January 2015


FAMILY COURT OF AUSTRALIA

OGDEN & OGDEN [2015] FamCA 40
FAMILY LAW – PRACTICE AND PROCEDURE – Contravention application struck out for want of prosecution and appearance.
Family Law Act 1975 (Cth)
APPLICANT: Ms Ogden
RESPONDENT: Mr Ogden
FILE NUMBER: MLC 2636 of 2011
DATE DELIVERED: 14 January 2015
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Cronin J
HEARING DATE: 14 January 2015

REPRESENTATION

THE APPLICANT: No appearance
THE RESPONDENT: No appearance

Orders

  1. That the contravention application filed 15 December 2014 is struck out for want of prosecution.

  2. That the reasons this day be transcribed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ogden & Ogden 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 2636 of 2011

Ms Ogden

Applicant

And

Mr Ogden

Respondent

REASONS FOR JUDGMENT

  1. On 15 December 2014 Ms Ogden filed a contravention application against Mr Ogden, alleging breaches of school-related expenses pursuant to some notation or order.  The matter has been called this morning, which is its return date as shown on the application, and there is no appearance.  The matter is, therefore, struck out for want of prosecution.  The reasons can be transcribed and placed on the Court file. 

I certify that the preceding one (1) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 14 January 2015.

Associate: 

Date:  2 February 2015

Areas of Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Stay of Proceedings

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