Penski and Kocher (No. 2)

[2013] FamCA 392

FAMILY COURT OF AUSTRALIA

PENSKI & KOCHER (NO. 2) [2013] FamCA 392

FAMILY LAW – DIVORCE

Family Law Act 1975 (Cth)

APPLICANT: Ms Penski

RESPONDENT: Mr Kocher

FILE NUMBER: DGC 2330 of 2010

DATE DELIVERED: 26 March 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 26 March 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Sweeney

SOLICITOR FOR THE APPLICANT: Hayes & Associates

COUNSEL FOR THE RESPONDENT: Ms Nikou SC with Mr Mort

SOLICITOR FOR THE RESPONDENT: Nicholes Family Lawyers

Orders

IT IS NOTED that publication of this judgment by this Court under the pseudonym Penski & Kocher (No. 2) 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: DGC 2330 of 2010

Ms Penski

Applicant

And

Mr Kocher

Respondent

REASONS FOR JUDGMENT

1. This is an application for divorce filed by leave this day.  Counsel for the wife, who is not present, has indicated she consents to the abridgement of times necessary for the matter to be filed and for it to proceed forthwith.  The wife does not dispute any of the facts set out in the application which she had seen. 

2. I am satisfied as to jurisdiction.  The application is based on the fact that the marriage has broken down irretrievably.  I am satisfied that that ground has been established.  The parties have been separated for more than a year, and that there is no likelihood of a resumption of that relationship. 

3. In respect of s 55A of the Act, there is one child of the marriage, R, who was born in March 2008, (“the child”).  I am satisfied that, for the purposes of section 55A, proper arrangements in all of the circumstances have been made for the care, welfare and development of the child. 

4. I grant an order for divorce which will become final in one month.  I declare, for the purposes of s 55A, that the only child is the child R and that proper arrangements have been made for his welfare.  I also abridge all times for the matter to proceed forthwith and waive all service requirements.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 26 March 2013.

Associate: 

Date:  22 April 2013