Parkers and Pyle

[2007] FamCA 894

FAMILY COURT OF AUSTRALIA

PARKERS & PYLE [2007] FamCA 894

FAMILY LAW –  SUMMARY DISMISSAL OF PROCEEDINGS - for want of prosecution.

APPLICANT: MR PARKERS

RESPONDENT: MS PYLE

FILE NUMBER: NCF 728 of 2006

DATE DELIVERED: 6 August 2007

PLACE DELIVERED: Newcastle

JUDGMENT OF: MULLANE J

HEARING DATE: 6 August 2007

REPRESENTATION

THE APPLICANT: Mr Parkers

SOLICITOR FOR THE RESPONDENT: Ms Manning of Messrs Boyd Olsen Lawyers

Orders

1. The father's application of 27 November 2006 is dismissed for want of prosecution;

2. The mother's response filed 19 January 2007 is withdrawn and dismissed.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Mullane delivered this day will for all publication and reporting purposes be referred to as Parkers & Pyle.

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCF 728  of 2006

MR PARKERS

Applicant

And

MS PYLE

Respondent

REASONS FOR JUDGMENT

1. The father commenced the proceedings by his application filed on 27 November 2006.  He was seeking to set aside and replace orders that have been made for the parties' child in the C Local Court.  Those orders were made by the agreement of the parties on 16 December 2004.

2. The mother opposed the father's application.  She filed a response on 19 January of this year.  The parties subsequently were given a date for a first day of a Less Adversarial Trial, which was today, and required to complete and file questionnaires.

3. The mother did that and her questionnaire is on the file.  The father did not.  Inquiries were made of the father's solicitors today about his failure to file a questionnaire and the solicitors today filed a Notice of Ceasing to Act for the father.

4. The father has been notified, as was the mother, of the matter being listed today.  The notification was sent to both parties on 12 July. It was sent to the solicitors for each of the parties.

5. I am satisfied that the father is aware of the proceedings being listed today and has decided not to participate further in them and that he probably made that decision when he was asked to complete a questionnaire and failed to do so.  He does not wish to continue with his application.

6. The mother does not wish to continue with her response if the father’s application is dismissed.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Mullane 

Associate: 

Date:              23 August 2007