Ustad and Ustad

[2008] FamCA 64

FAMILY COURT OF AUSTRALIA

USTAD & USTAD [2008] FamCA 64

FAMILY LAW – PROCEDURAL – Dismissal by consent – All issues resolved between parties

Family Law Act 1975 (Cth)

APPLICANT: MRS USTAD

RESPONDENT: MR USTAD

FILE NUMBER: MLF 10013 of 1996

DATE DELIVERED: 6 February 2008

PLACE DELIVERED: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 6 February 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

Orders

BY CONSENT IT IS ORDERED

1. That all extant applications be dismissed.

2. That all proceedings be removed from the list of cases awaiting a hearing.

3. That the reasons for these orders be transcribed and placed on the court file.

IT IS NOTED that publication of this judgment under the pseudonym Ustad & Ustad is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 10013 of 1996

MRS USTAD

Applicant

And

MR USTAD

Respondent

REASONS FOR JUDGMENT

1. These are proceedings between Mr and Mrs Ustad and their three children.  The proceedings seemed to have come to an end in about 1996 and then on 23 February 2004 Mrs Ustad filed an application in the Lismore registry of the court seeking to set aside final orders that had been made many years before in 1996.  Mr Ustad Senior lodged a response opposing that application on 26 March 2004, and responses were filed on 8 July 2004 by the three sons.

2. It appears from the court record that the matter came on before O'Ryan J on 21 September 2005, and the court record notes that the matter was not resolved and for reasons that are not clear the file was transferred to the Melbourne registry.  It seems that the matter has laid dormant since that time and as a result of that I had the case re-listed, and this morning I have had the pleasure of having Mr Ustad come to court and Mrs Ustad and two of the three sons have attended by telephone from far away northern New South Wales.

3. There is common agreement between everybody that the matter has been resolved.  It seems that Mr and Mrs Ustad have sorted out the devolving of the home by his will, and everybody is satisfied that matters no longer require the intervention of the court.  On that basis I am not obliged to make any other order than to dismiss all of the extant proceedings, to take them out of the current list. 

I certify that the preceding Three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  13 February 2008