Zen and Jir and Anor

[2010] FamCA 917

FAMILY COURT OF AUSTRALIA

ZEN & JIR AND ANOR [2010] FamCA 917

FAMILY LAW – PRACTICE AND PROCEDURE – Discontinuance

Family Law Act 1975 (Cth)

APPLICANT: Ms Zen

RESPONDENT: Mr Jir

2^ND RESPONDENT: Citigroup Pty Ltd (ACN 004 325 080)

FILE NUMBER: MLC 6223 of 2010

DATE DELIVERED: 30 September 2010

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 30 September 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Hoult

SOLICITOR FOR THE APPLICANT: (WIFE) Voitin Lawyers

Orders

1. That the application of the wife filed 9 July 2010 be marked “Discontinued”.

2. That the orders made on 9 July 2010 and 12 July 2010 relating to restraining the husband from withdrawing, operating or otherwise dealing with the funds held in Citibank accounts in his name be discharged.

3. That there be no order for costs.

4. That the wife’s solicitors forthwith serve upon the respondent husband and Citigroup Pty Limited a copy of these orders by electronic means.

5. That all proceedings be removed from the list of cases awaiting a hearing.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:   MLC 6223 of 2010

MS ZEN

Applicant

And

MR JIR

Respondent

And

CITIGROUP PTY LIMITED (ACN 004 325 080)

REASONS FOR JUDGMENT

1. On 19 July 2010, on the return of an urgent application, I made some orders confirming orders that I had made on 9 July, some 10 days before.  Those orders included injunctions against the husband who was then said to be in China.  The orders provided that Citigroup Pty Limited be requested to give effect to the order.  The parties appear to have resolved their problems since then and the wife now desires to discontinue her application.  The husband has still not filed any material, but I accept, through the letter from the solicitors for the wife, that agreement has been reached. 

2. I am not asked to make any orders today other than to allow the wife to discontinue her proceedings and to discharge all of the injunctions and for the relevant party to be notified of the discharge of the orders.  There seems to me to be no prejudice to the husband, notwithstanding I do not have anything to indicate his consent to these orders.  In the circumstances, I will make orders as follows.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin.

Associate: 

Date: 12 October 2010