BERTRAM & BERTRAM

Case

[2015] FamCA 897

23 October 2015


Details
AGLC Case Decision Date
BERTRAM & BERTRAM [2015] FamCA 897 [2015] FamCA 897 23 October 2015

CaseChat Overview and Summary

In the matter of *Bertram & Bertram*, Berman J considered applications by the father for property settlement orders and for the matter to be listed as an undefended hearing. The mother had previously been restrained from entering the property, and her solicitor indicated they were not sufficiently instructed. The children had previously been delivered into the father's interim care.

The court was required to determine whether to proceed with the property settlement as an undefended hearing, given the mother's lack of instruction and engagement. The court also considered the status of the children's matters, which were also before it on an interim basis.

Berman J adjourned the proceedings to allow the mother a further opportunity to consider her position and engage in the proceedings. The court extended the time for the mother to file and serve her response, affidavit, and financial circumstances. The court also ordered that a copy of its reasons be sent to the mother at her service address.

The matter was adjourned for further consideration on Friday, 18 December 2015, at 9:15 am. Time was extended for the wife to file and serve her response, affidavit, and financial circumstances to 4 pm on 27 November 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Remedies

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