STATE CENTRAL AUTHORITY & LU

[2011] FamCA 1095

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY & LU [2011] FamCA 1095

FAMILY LAW – Adjournment

Family Law Act 1975 (Cth)
Family Law (Child Abduction Convention (Regulation) 1986

APPLICANT: State Central Authority,

RESPONDENT: Ms Lu

FILE NUMBER: MLC 9706 of 2012

DATE DELIVERED: 7 November 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 7 November 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Nolan, State Central Authority Secretary to the Department of Human Services

THE RESPONDENT: No appearance

Orders

1. That all outstanding applications are adjourned to 9.00am on 4 December 2012.

2. That there be liberty to apply to the applicant to abridge the hearing time if service is effected.

3. That there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

4. That the solicitor for the applicant engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

IT IS NOTED that publication of this judgment by this Court under the pseudonym  State Central Authority & Lu 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: MLC 9706 of 2012

STATE CENTRAL AUTHORITY

Applicant

And

Ms Lu

Respondent

REASONS FOR JUDGMENT

1. This is an application under the Hague Convention, where time is of the essence.  It involves a child from Country B, but the unusual situation here is that the State Central Authority has been unable to serve the respondent.  This is the third hearing in this case where the Department, in its capacity on behalf of the State Central Authority has effectively had to seek an adjournment, and now a Commonwealth information order.  I am satisfied on the evidence in the affidavit of Ms Nolan and the documents handed to me that service has been appropriately effected, and it seems appropriate in the circumstances to make the orders sought in the application.  I will otherwise adjourn the matter to 4 December 2012 at 9 am, and I will give liberty to apply to abridge the time for the hearing if service is effected, having regard to the nature of the application. 

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 7 November 2012.

Associate:

Date:  13 December 2012