Wei and Bing

[2018] FamCA 445

FAMILY COURT OF AUSTRALIA

WEI & BING [2018] FamCA 445

FAMILY LAW – PRACTICE AND PROCEDURE – where there has been no action taken by either party since the matter was last before the Court on 9 March 2016 – where the applicant husband has not appeared at the hearing – where the respondent wife’s solicitors do not have any current instructions from the wife – order that the proceedings be struck out with a right of reinstatement for a period of six months from the date of this order.

Family Law Act 1975 (Cth)

APPLICANT: Mr Wei

RESPONDENT: Ms Bing

FILE NUMBER: MLC 4927 of 2014

DATE DELIVERED: 18 May 2018

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 18 May 2018

REPRESENTATION

THE APPLICANT: No Appearance

COUNSEL FOR THE RESPONDENT: Mr Harriss

SOLICITOR FOR THE RESPONDENT: Mills Oakley

Orders

1. That the husband’s Initiating Application filed 6 June 2014 and the wife’s Response to Initiating Application filed 29 July 2014 each be struck out with a right of reinstatement for a period of six months from the date of this order.

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 Wei & Bing 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 MELBOURNE

FILE NUMBER: MLC 4927 of 2014

Mr Wei

Applicant

And

Ms Bing

Respondent

REASONS FOR JUDGMENT

1. The matter of Wei & Bing comes before the Court pursuant to orders made by me on 14 March 2018.  The matter has been allocated to my docket, and the purpose of today’s hearing was to list the matter for final hearing.  The proceedings relate to competing property applications filed on behalf of the husband on 6 June 2014 and the response to that application filed by the wife on 29 July 2014. 

2. At the commencement of the hearing, the husband was called.  He did not answer that call.  That call was made at approximately 12.15pm.  The matter was listed to commence at 10am.  There has been no appearance entered on behalf of the husband through the course of the morning.

3. The position in terms of the proceedings is that there has been no action taken by either party since the matter was last before the Court on 9 March 2016.  At that time, the matter was placed in the list of cases awaiting allocation to a judicial docket.  The husband’s solicitors, Berry Lawyers, have filed a notice of ceasing to act, that document filed on 25 July 2016.  I am told by the wife’s solicitor who appears before me today that the parties have assets based in Australia and in China.  The wife is the registered owner of the majority of the assets based in Australia.  The husband is the holder of the assets based in China.

4. The wife has provided no current instructions to her lawyers with respect to her Response to Initiating Application before the Court.  Her solicitor, Mr Harriss indicates that the wife has some health difficulties, and this may have impeded her ability to provide instructions.  Nonetheless, it is clear from the Court file that neither party has sought to agitate their applications before the Court for an extended period of time.  In circumstances where the applicant does not appear before the Court today pursuant to my orders, I consider that it is appropriate that the applications of both parties be struck out.  At this time, the wife is not actively seeking to pursue any application before the Court.  Therefore, I will strike out both the Application and Response filed and afford each party a right of reinstatement for a period of six months.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 18 May 2018

Associate: 

Date:  18 May 2018