Schone and Schone and Anor

In the Family Court of Australia, the matter of *Schone & Schone and Anor* involved an application filed on 24 July 2012. The applicant, Mr A Schone, was the sole party present before the court, with neither the first respondent, Mr B Schone, nor the second respondent, Ms C, appearing.

The court was required to determine whether the application filed by Mr Schone should be struck out. This arose in circumstances where the matter had been transferred from the Federal Magistrate’s Court, with the Federal Magistrate indicating that the legal issues were unclear and that the Family Court was better placed to determine the matter, particularly in light of controversy surrounding a recent judgment.

Justice Cronin noted that the applicant had not appeared at the hearing, and that a letter sent to the applicant's last known address had not elicited a response. This absence, coupled with the lack of appearance by the respondents, led the court to infer that the applicant no longer intended to proceed with the application. Consequently, the court ordered that the application filed on 24 July 2012 be struck out.