Vestri & Vestri (No 5)

[2024] FedCFamC1F 256

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Vestri & Vestri (No 5) [2024] FedCFamC1F 256

File number(s):	CAC 405 of 2022
Judgment of:	GILL J
Date of judgment:	17 April 2024
Catchwords:	FAMILY LAW – PROPERTY – Where the husband failed to file any trial material – Where the husband failed to attend for the proceedings – Proceedings to be conducted on an undefended basis in respect of the husband.
Division:	Division 1 First Instance
Number of paragraphs:	4
Date of hearing:	18 April 2024
Place:	Canberra
Solicitor for the Applicant:	Litigant in Person (did not participate)
Counsel for the Respondent:	Mr Haddock
Solicitor for the Respondent:	Neilan Stramandinoli Family Lawyers

ORDERS

CAC 405 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR VESTRI

Applicant

AND:

MS VESTRI

Respondent

ORDER MADE BY:	GILL J
DATE OF ORDER:	17 APRIL 2024

THE COURT ORDERS THAT:

1.The property proceedings be conducted on an undefended basis in respect of the husband.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

GILL J

1. The final trial of the matter was listed to take place commencing on Monday 8 April 2024 and continuing then on from today, 17 April 2024 with a listing to continue on both 18 and 19 April 2024, should those days be required.

2. Reference should be had to the judgment in the child related matter which was handed down on 8 April 2024 in circumstances where the husband failed to attend for the proceedings.  Similarly, he has failed to attend today. 

3. That failure to attend occurs against a background previously set out, but in summary includes an abject failure to file trial documents or to provide disclosure even in the face of being provided multiple opportunities to file that trial material.  No explanation has been provided for the ultimate failure to file such material or for the non-attendance last week, nor for the non-attendance today.  I note further that the husband was served by email in advance of today’s proceedings with an amended case statement document as filed by the wife.

4. Under those circumstances of non-compliance and of the failure to attend today I direct that the property proceedings be conducted on an undefended basis in respect of the husband.

I certify that the preceding four (4) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Gill.

Associate:

Dated:       17 April 2024