Bale-Sutch and Bale-Sutch (No 4)
Case
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[2010] FamCA 661
•13 July 2010
Details
AGLC
Case
Decision Date
Bale-Sutch and Bale-Sutch (No 4) [2010] FamCA 661
[2010] FamCA 661
13 July 2010
CaseChat Overview and Summary
In the matter of *Bale-Sutch and Bale-Sutch (No 4)*, Cronin J of the Family Court of Australia considered an application by the wife concerning service of documents on the husband. The dispute revolved around the wife's need to effect service of her application filed on 17 June 2010, along with a supporting affidavit and the court's orders, upon the husband.
The primary legal issue before the court was how to properly serve the husband, given the circumstances, and what information the husband's agent, Mr Z of Z Realty, was required to provide to the wife's solicitors. The court also had to determine the future procedural steps for the wife's outstanding applications.
Cronin J ordered that the husband be served with the wife's application of 17 June 2010, her affidavit filed on the same date, and a copy of the court's orders by ordinary post to Mr Z, acting as the husband's agent. Furthermore, Mr Z was directed to confirm in writing to the wife's solicitors that these documents had been sent to the husband and to disclose the details of the bank account into which rental income from the property at K was being paid, including the name in which the account was held. The court adjourned all outstanding applications by the wife to the Judicial Duty List on 9 August 2010 and reserved the costs of the day.
The primary legal issue before the court was how to properly serve the husband, given the circumstances, and what information the husband's agent, Mr Z of Z Realty, was required to provide to the wife's solicitors. The court also had to determine the future procedural steps for the wife's outstanding applications.
Cronin J ordered that the husband be served with the wife's application of 17 June 2010, her affidavit filed on the same date, and a copy of the court's orders by ordinary post to Mr Z, acting as the husband's agent. Furthermore, Mr Z was directed to confirm in writing to the wife's solicitors that these documents had been sent to the husband and to disclose the details of the bank account into which rental income from the property at K was being paid, including the name in which the account was held. The court adjourned all outstanding applications by the wife to the Judicial Duty List on 9 August 2010 and reserved the costs of the day.
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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Discovery
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Costs
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Jurisdiction
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