Walford & Walford (No. 2)

[2008] FamCA 1156

FAMILY COURT OF AUSTRALIA

WALFORD & WALFORD (NO. 2) [2008] FamCA 1156

FAMILY LAW – PROCEDURE – Directions

Child Support (Assessment) Act 1989 (Cth)
Family Law Act 1975 (Cth)

APPLICANT: Mr Walford

RESPONDENT: Ms Walford

FILE NUMBER: MLF 6901 of 2002

DATE DELIVERED: 3 November 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: The Honourable Justice Cronin

HEARING DATE: In Chambers

WRITTEN SUBMISSIONS RECEIVED FROM

SOLICITOR FOR THE 

RESPONDENT:

WIGHTSON LAWYERS

Orders

1. That the application of the wife filed 11 January 2008 seeking a departure from administrative assessement under the Child Support (Assessment) Act 1989 (Cth) be listed for final hearing at 10.00am before me on 18 November 2008.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 6901  of 2002

MR WALFORD

Applicant

And

MS WALFORD

Respondent

REASONS FOR JUDGMENT

1. This matter has been brought to my attention by the applicant wife seeking in effect to bring the last remaining application to fruition.

2. Guest J heard and concluded property and children’s matters at the end of 2007.  Those orders were by consent of the parties but were amended under the slip rule on 13 March 2008.

3. His Honour’s reasons for judgment given at the time of making the orders indicated that the outstanding application was by the wife seeking to depart from the administrative assessment for child support.

4. On 21 December 2007, his Honour made an order that the wife have leave to file and serve forthwith an application in a case with orders sought in respect of a departure order as against the current child support assessment.  That seems to have been filed by the wife on 11 January 2008.

5. Notwithstanding that leave was given under that order, the wife will still need to comply with the provisions of ss 112 and 116 of the Child Support (Assessment) Act 1989 (Cth).

6. On the basis that the parties were ready for trial and that the only reason it was not concluded was that the discovery process seemed to have been insufficient, I have presumed that that exercise has now been overcome by time. 

7. Accordingly, I propose to list the matter for final hearing on 18 November 2008 at 10.00am before me for a one day hearing.

8. I will presume that the parties will address the jurisdictional issue on that day.

I certify that the preceding Eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  3 November 2008