Bahar and Sohrab (No. 3)
Case
•
[2017] FamCA 729
•18 May 2017
Details
AGLC
Case
Decision Date
Bahar and Sohrab (No. 3) [2017] FamCA 729
[2017] FamCA 729
18 May 2017
CaseChat Overview and Summary
In *Bahar and Sohrab (No. 3)*, Gill J of the Family Court of Australia considered applications concerning outstanding proceedings between the parties, including an application for costs and a separate application for disqualification before Watts J. The husband sought to raise issues concerning orders under section 79A of the *Family Law Act 1975*, although no formal application had yet been filed.
The court was required to determine the procedural steps necessary to advance the outstanding matters, including the filing of specific documents by the husband and the scheduling of future hearings. A key issue was how to manage the husband's intended applications, particularly those under section 79A, which had not yet been formally initiated.
Gill J directed that all outstanding proceedings, save for the applications before Watts J, be adjourned for hearing on 2 June 2017. The husband was ordered to file and serve by 26 May 2017 a consolidated minute of proposed orders and a document identifying the affidavits and specific paragraphs he intended to rely upon. The court also ordered that material previously attempted to be filed by the husband be accepted and made returnable for the 2 June 2017 hearing. The husband was granted liberty to attend the hearing by video link.
The court was required to determine the procedural steps necessary to advance the outstanding matters, including the filing of specific documents by the husband and the scheduling of future hearings. A key issue was how to manage the husband's intended applications, particularly those under section 79A, which had not yet been formally initiated.
Gill J directed that all outstanding proceedings, save for the applications before Watts J, be adjourned for hearing on 2 June 2017. The husband was ordered to file and serve by 26 May 2017 a consolidated minute of proposed orders and a document identifying the affidavits and specific paragraphs he intended to rely upon. The court also ordered that material previously attempted to be filed by the husband be accepted and made returnable for the 2 June 2017 hearing. The husband was granted liberty to attend the hearing by video link.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Jurisdiction
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Procedural Fairness
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