Wick and Wick

[2014] FamCA 289

FAMILY COURT OF AUSTRALIA

WICK & WICK [2014] FamCA 289

FAMILY LAW – CHILDREN – Where the Father instituted parenting proceedings and subsequently passed away – Notice of discontinuance by the Mother

Family Law Act 1975 (Cth)
APPLICANT:	Mr Wick (Deceased)

RESPONDENT: Ms Wick

INDEPENDENT CHILDREN’S LAWYER: Mr Damian Carter

FILE NUMBER: BRC 2804 of 2008

DATE DELIVERED: 28 April 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 28 April 2014

REPRESENTATION

FOR THE APPLICANT:

No appearance

FOR THE RESPONDENT:

No appearance

SOLICITOR FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Carter Farquar Lawyers

Orders

IT IS ORDERED THAT:

1. All previous parenting Orders be discharged.

1. All applications be removed from the pending cases list.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Wick & Wick 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 BRISBANE

FILE NUMBER: BRC 2804 of 2008

Mr Wick (Deceased)

Applicant

And

Ms Wick

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The current parenting proceedings which were to proceed to a trial involved the children, B born in 2004, C born in 2007 and D born in 2009 (“the children”).

2. The proceedings were brought by Mr Wick, the Father of the children, who tragically passed away recently as a result of injuries he sustained in a motor vehicle accident. The interests of the children have been represented by an Independent Children's Lawyer, Mr Damien Carter, who appears this morning.

3. The Mother has filed a Notice of Discontinuance in respect of the parenting orders she sought in her Amended Response filed 19 January 2011. I note that annexed to her Notice of Discontinuance there is a letter from the office of the State Coroner dated 17 March 2014 in which the death of Mr Wick is recorded.

4. In circumstances where the Applicant is now deceased and the Mother does not pursue any formal parenting orders from the Court, nor does the Independent Children's Lawyer, I make the orders set out at the commencement of these reasons.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 28 April 2014.

Associate:

Date:  28 April 2014