Schone and Schone and Anor

[2012] FamCA 1103

FAMILY COURT OF AUSTRALIA

SCHONE & SCHONE AND ANOR [2012] FamCA 1103

FAMILY LAW – Non appearance – application struck out

Family Law Act 1975 (Cth)

APPLICANT: Mr A Schone

1^ST RESPONDENT: Mr B Schone

2^ND RESPONDENT: Ms C

FILE NUMBER: DGC 2209 of 2012

DATE DELIVERED: 20 December 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 20 December 2012

REPRESENTATION

THE APPLICANT: No appearance

THE RESPONDENT: No appearance

Orders

1. That the application filed 24 July 2012 is struck out.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Schone & Schone and Anor 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 2209 of 2012

Mr A Shone

Applicant

And

Mr B Schone

1^st Respondent

And

Ms C

2^nd Respondent

REASONS FOR JUDGMENT

1. This matter came to this court from the Federal Magistrate’s Court by an order of Phipps FM on 10 October this year.  On that occasion the matter before the court was apparently seeking orders relating to surrogacy of a child.  The court record notes that the applicant appeared in person but there was no appearance of any other party. 

2. The learned Federal Magistrate transferred the matter to this court on the basis that he felt that the legal issues were not clear and he felt that it was more appropriate for this court to determine the matter, having regard to some controversy arising out of the recent judgment of Ryan J. 

3. It would appear that when the orders were made the applicant was present and the court file notes that on 20 November a letter was written by the Registrar to the applicant, at the address shown in his affidavit.  He has not attended today so I presume that he is no longer intending to proceed with his application. 

ORDERS DELIVERED

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 20 December 2012.

Associate: 

Date:  7 January 2013