Wilde and Wilde (No. 3)

[2007] FamCA 1313

FAMILY COURT OF AUSTRALIA

WILDE & WILDE (NO. 3) [2007] FamCA 1313

FAMILY LAW – ENFORCEMENT WARRANT

Family Law Act 1975 (Cth)

APPLICANT: Mrs Wilde

RESPONDENT: Mr Wilde

FILE NUMBER: SYF 3943 of 1999

DATE DELIVERED: 17 October 2007

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: JR Loughnan

HEARING DATE: 17 October 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: In person

Orders

1. Leave to approach the listing co-ordinator for a date before a judge for hearing the wife’s application for enforcement warrant issued 28 August 2006, estimated hearing time one day.

2. If available and if not disqualified consideration be given to the matter being listed before His Honour Justice Le Poer Trench who made the order that is being enforced.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 3943 of 1999

MRS WILDE

Applicant

And

MR WILDE

Respondent

REASONS FOR JUDGMENT

1. These are proceedings for the enforcement of a money order.  The matter has come before the Court pursuant to an adjournment which I granted pending a determination by the Full Court.  I am told that the Full Court has given a decision in the matter dealing inter alia with an appeal in relation to an application of the slip rule.

2. The matter has now come back before me.  The parties have litigated in this Court over many years. Their proceedings commenced in 1999 and the Court papers are held in several box files. I am not sanguine, that there will not be an automatic review of any decision made by a delegate in these in proceedings.  In my view it is in the interests of the parties and in the interests of the tax payer, that these proceedings be heard at first instance by a judge.  I understand that the parties agree that Rose J is disqualified from dealing with proceedings between these parties and it may be that there is another judge disqualified.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judicial Registrar Loughnan

Associate

Date:  9 November 2007