BENDER & BENDER

Case

[2012] FamCA 696

16 August 2012


Details
AGLC Case Decision Date
BENDER & BENDER [2012] FamCA 696 [2012] FamCA 696 16 August 2012

CaseChat Overview and Summary

In the matter of *Bender & Bender*, Watts J of the Family Court of Australia considered applications made by the husband. The husband sought the disqualification of the judge and an adjournment of proceedings.

The primary legal issues before the court were whether the judge should disqualify herself from hearing the matter and whether the proceedings should be adjourned. The court also had to determine the future conduct of the proceedings, including the management of expert evidence and the preparation of documents.

Watts J dismissed the husband's application for disqualification, granting leave for the oral application to be made. Similarly, leave was granted for an oral application for an adjournment, which was also dismissed. The judge reasoned that the adjournment was not appropriate as the matter was already part-heard and would require further hearings. The court then made directions regarding the exchange of a valuation report, a conference between valuers to prepare a joint statement, and the potential for concurrent evidence from the valuers if disagreements persisted. Further directions were made concerning the production of a file by a law firm and the preparation of written questions by the husband for the wife, with a focus on specific periods of contribution.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Remedies

  • Discovery

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