Royce and Royce (No 3)

In the Family Court of Australia, the application of Ms Royce (the wife) was struck out for non-appearance. The dispute concerned applications for lump sum spousal maintenance, periodic spousal maintenance, and child support, filed by the wife on 6 September 2012. The husband had not filed a response.

The court was required to determine whether to proceed with the wife's application given the non-appearance of both parties. The court also noted that a defended final hearing was scheduled for 11 December 2012, with three days allocated.

Justice Cronin observed that the wife's applications for maintenance were unusual given the proximity of the final hearing. As neither party appeared to prosecute the application, and no indication was given of their intentions, the court struck out the wife's application of 6 September 2012. The reasons for this decision were to be placed on the court file.