SCVG and KLD (No. 5)

[2018] FamCA 594

FAMILY COURT OF AUSTRALIA

SCVG & KLD (NO. 5) [2018] FamCA 594

FAMILY LAW – PRACTICE AND PROCEDURE – Setting Aside – where applicant failed to attend previous proceedings – where no reasonable explanation for the failure to attend proffered – application to set aside refused.

Family Law Rules 2004 (Cth) r 17.02

Allesch v Maunz (2000) 203 CLR 172
Barbey & Tuttle [2013] FamCAFC 44
Tobin v Ezekiel (No 2) [2012] NSWCA 409

APPLICANT: Mr SCVG

RESPONDENT: Ms KLD

FILE NUMBER: SYC 4380 of 2008

DATE DELIVERED: 8 August 2018

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 7 December 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self-representing

COUNSEL FOR THE RESPONDENT: Mr Stenhouse

SOLICITOR FOR THE RESPONDENT: Macphillamy’s

Orders

1. The Applicant’s application of 16 October 2017 to set aside orders made on 14 September 2017, is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym SCVG & KLD (No. 5) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: SYC 4380 of 2008

Mr SCVG

Applicant

And

Ms KLD

Respondent

REASONS FOR JUDGMENT

1. This matter involves an application in a case by Mr SCVG, filed on 16 October 2017, to set aside orders made on 14 September 2017. On that day, the applicant did not attend court and the matter proceeded in his absence. Pursuant to r 17.02(1)(a) of the Family Law Rules 2004 (“the Rules”) he seeks that it be set aside on the basis that he was absent when it was made.

2. The orders that were made on 14 September 2017 were as follows:

   IT IS ORDERED THAT

   1.The Applications filed by M SCVG dated 31 May 2017, 14 August 2017 and 21 August 2017 are dismissed.

   2.I order that the applicant is to pay to the respondent, within a period of 28 days, an amount in respect of her costs as follows:

   a)Two times $1,984 being counsel’s fees in relation to attendances at Court.

   b)Twenty-one hours at $395.86 per hour being counsel’s fees for chamber work.

   c)Fifty-one hours at $156.72 and forty hours at $241.74 being fees for work undertaken by the solicitors for the respondent.

   being a sum in total of $29,943.38.

3. The applications referred to of 31 May 2017, 14 August 2017 and 21 August 2017 are each concerned with the review of costs assessment orders.

4. The application of 31 May 2017 concerned the review of a costs assessment order made by Registrar McNamara on 15 May 2017 for $7,300.

5. The application…