Brett & Lennox

[2021] FamCA 57

FAMILY COURT OF AUSTRALIA

Brett & Lennox [2021] FamCA 57

File number(s):	PAC 1234 of 2020
Judgment of:	FOSTER J
Date of judgment:	8 February 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Where Application for final parenting orders made – Where the Applicant mother and Respondent father failed to appear at four court events – Where application dismissed
Legislation:	Family Law Rules 2004 (Cth) r 11.02
Number of paragraphs:	4
Date of hearing:	8 February 2021
Place:	Parramatta
Applicant – self-represented litigant:	The Applicant did not attend
Respondent – self-represented litigant:	The Respondent did not attend
Solicitor for the Independent Children’s Lawyer:	Mason Mills & Associates-Solicitors & Advocates did not attend

ORDERS

PAC 1234 of 2020

BETWEEN:

MS BRETT
Applicant

AND:

MR LENNOX
Respondent

MS MASON

Independent Children’s Lawyer

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	8 FEBRUARY 2021

THE COURT ORDERS THAT:

1.The proceedings are dismissed.

2.In the event that there is an application for costs by the Independent Children’s Lawyer, that the Independent Children’s Lawyer make such application by way of short written submissions filed and served by no later than Friday, 26 February 2021.

3.In the event that the parties seek to make submissions in response, that the parties or either of them file short submissions in response by no later than Friday, 19 March 2021.

4.Upon completion of submissions judgment be reserved to chambers.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Brett & Lennox has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

FOSTER J:

1. These proceedings were before this Court on 20 July 2020 and on that date there was no appearance by the parties. The Court ordered on that date that the parties attend a Children and Parent Intake Assessment conference on 27 August 2020.

2. On 17 November 2020 proceedings were before this Court for further judicial case management and there was no appearance by or on behalf of the Applicant mother or Respondent father and proceedings were adjourned to 19 January 2021.

3. The proceedings again came before the Court on 19 January 2021. There was no appearance by or on behalf of the Applicant or Respondent. The Independent Children’s Lawyer Ms Mason appeared. Orders were made on 19 January 2021 adjourning proceedings to today noting an order was made that in the event that there was no appearance by or on behalf of the Applicant or the Respondent the proceedings would stand dismissed. Otherwise, costs of the Independent Children’s Lawyer were reserved pending further order.

4. The matter was called this morning at 10.45 am or shortly thereafter.  There was no appearance by or on behalf of the Applicant mother or Respondent father and accordingly proceedings before this Court are dismissed pursuant Rule 11.02.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Foster.

Associate:       

Dated:       8 February 2021