FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ROHNAN & ROHNAN | [2010] FMCAfam 1091 |
| FAMILY LAW – Application for adjournment – summary dismissal – application for costs. |
| Family Law Act 1975, ss.4, 44, 74, 79, 117 Federal Magistrates Court Rules 2001, r.21.02 |
| Allen v Allen [2007] FamCA 1018 Arman v Arman [2009] FamCA 8 Colgate-Palmolive v Cussons Pty Ltd (1993) 46 FCR 225; (1993) 118 ALR 248 In the Marriage of Kohan (1992) 112 FLR 151; (1992) 16 Fam LR 245; (1993) FLC 92-340 In the Marriage ofRichardson (1999) 26 Fam LR 523 In the Marriage of Whitford (1979) 24 ALR 424; (1978) 35 FLR 445; (1979) 4 Fam LR 754; (1979) FLC 90-612 MacKenzie and MacKenzie (1978) 4 Fam LR 374; (1978) FLC 90-496 Munday & Bowman (1997) 22 FLR 321 Sindall & Taryn (2009) FamCAFC 108 Yunghanns v Yunghanns (2000) 26 Fam LR 331, (2000) FLC 93-029; [2000] FamCA 681 |
| Applicant: | MS ROHNAN |
| Respondent: | MR ROHNAN |
| File Number: | SYC 2056 of 2010 |
| Judgment of: | Monahan FM |
| Hearing date: | 12 August 2010 |
| Date of Last Submission: | 12 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 12 August 2010 |
REPRESENTATION
| Counsel for the Applicant: | None |
| Solicitors for the Applicant: | None |
| Counsel for the Respondent: | Mr Lloyd |
| Solicitors for the Respondent: | Champion Legal |
ORDERS
The initiating application filed 7 April 2010!Unexpected End of Formula is dismissed.
The Applicant pay the Respondent’s costs fixed in the sum of $5,950.00 to be paid within three (3) months of the date of these Orders.
AND THE COURT NOTES THAT:
(A)The Applicant was called outside of Court at 2:00pm today and there was no response to the call.
(B)Pursuant to rule 16.05(2)(a) of the Federal Magistrates Court Rules 2001, the Court may vary or set aside a judgment or order made in the absence of a party.
IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of Federal Magistrate Monahan delivered this day will for all publication and reporting purposes be referred to as Rohnan & Rohnan.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 2056 of 2010
| MS ROHNAN |
Applicant
And
| MR ROHNAN |
Respondent
REASONS FOR JUDGMENT
Introduction
This matter was commenced by way of an application filed by
Ms Rohnan (“the wife”) on 7 April 2010 seeking various property and maintenance orders on a final and interim basis. The application was opposed by Mr Rohnan (“the husband”) in his response filed 22 June 2010.
The husband is seeking the summary dismissal of the wife’s application today. The wife’s application contains a request for interim orders to allow leave for her applications under ss.74 and 79 of the Family Law Act 1975 (“the Act”) to continue out of time. Interestingly, she does not seek such leave in respect of her final orders sought.
Background
The parties commenced cohabitation in 1993 and married in July 1997. They separated in February 2003 and a decree nisi for dissolution of marriage was made in October 2004 at the Federal Magistrates Court…
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- AGLC
- Rohnan and Rohnan [2010] FMCAfam 1091
- Case
- [2010] FMCAfam 1091
- Decision Date
CaseChat Overview and Summary
The court considered the wife’s application and found that she had failed to prosecute her claim vigorously, had shown further disrespect to the court by not attending today’s hearing, and there was evidence before the court that the wife was presently holidaying with her family. The court found that based on the evidence before it, the wife’s application was doomed to fail because she had not adequately explained her reasons for delaying the commencement of these proceedings or demonstrated hardship. Consequently, the wife’s application filed on 7 April 2010 was dismissed. The husband sought costs on an indemnity basis.
The court considered the husband’s costs application and found that it was appropriate to make an order for costs in favour of the husband. The court found that the wife had failed to attend or obtain any appropriate legal representation on two occasions and had been wholly unsuccessful in these proceedings. The court found that the circumstances in this case did not fall into the exceptional category which would justify costs being awarded on the basis other than party/party. Consequently, the husband’s costs were to be calculated in accordance with schedule 1 of the Federal Magistrates Court Rules. Following submissions from counsel, the court allowed the husband’s costs in the sum of $5950. The court gave the wife three (3) months to pay the costs referred to in this order.
Orders
Orders of the court
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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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