BAKEMA & BERGER

Case

[2020] FCCA 1467

13 May 2020


Details
AGLC Case Decision Date
BAKEMA & BERGER [2020] FCCA 1467 [2020] FCCA 1467 13 May 2020

CaseChat Overview and Summary

In the matter of *Bakema & Berger*, heard before Judge Young, the dispute concerned financial matters between a husband and wife. The court was required to make orders regarding the division of assets and the future conduct of the proceedings.

The court considered several issues, including the immediate distribution of funds, the management of remaining assets, and the procedural steps necessary for the resolution of the financial dispute. These steps included the attendance of the parties at a conciliation conference, the payment of associated fees, the provision of informal discovery, the preparation of a joint statement of assets and liabilities, and the obtaining of joint valuations for any disputed assets. The court also addressed the process for superannuation splitting orders and the production of specific documents.

The court made orders for the husband to pay a specific sum to the wife from a designated bank account, with the remaining balance to be retained by the husband. The parties were directed to attend a conciliation conference, with provisions for the payment of fees and reimbursement. Further orders mandated mutual informal discovery, the preparation of a joint statement of assets and liabilities, and the obtaining of joint valuations for unagreed assets. The court also set out requirements for serving proposed superannuation splitting orders on trustees and stipulated the production of documents prior to the conciliation conference. The matter was adjourned for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Costs

  • Remedies

  • Procedural Fairness

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