The applicant brought a motion under Rule 1(8) of the Family Law Rules seeking to strike the respondent's pleadings, set the matter down for an uncontested trial, impose a $5,000 penalty, and recover costs of $6,142.68.
The respondent, who was self-represented, had repeatedly breached multiple court orders including failing to file his answer, failing to file a sworn financial statement, failing to pay child and spousal support, and failing to pay ordered costs.
The court found a triggering event for Rule 1(8) relief and determined that the respondent had not persuaded the court to refrain from imposing sanctions.
The court struck the respondent's pleadings and set the matter for an uncontested trial, declined to impose a penalty, and awarded costs of $5,500.
