BIGGS & HURST (APPLICATION PURSUANT TO RICE & ASPLUND)
Case
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[2014] FamCA 217
•4 April 2014
Details
AGLC
Case
Decision Date
BIGGS & HURST (APPLICATION PURSUANT TO RICE & ASPLUND) [2014] FamCA 217
[2014] FamCA 217
4 April 2014
CaseChat Overview and Summary
In the matter of *Biggs & Hurst (Application Pursuant to Rice & Asplund)*, Benjamin J of the Family Court of Australia considered an application filed by the father on 10 May 2013. The precise nature of the dispute is not detailed, but the proceedings involved applications that were ultimately dismissed.
The court was required to determine whether to dismiss the father's application of 10 May 2013, and to consider the disposition of all other extant applications before it. Furthermore, the court needed to make orders regarding the return of subpoenaed documents and exhibits.
Benjamin J dismissed the father's application filed on 10 May 2013. All other extant applications before the court were also dismissed and removed from the list of cases requiring determination. The court ordered that all subpoenaed documents be returned to their original custodians and all exhibits be returned to the persons who tendered them, with specific mention of Exhibits M1-M4 and documents marked MFI1 and MFI2 being returned to the mother. The court also certified that it was reasonable to engage counsel to attend, pursuant to Rule 19.50 of the *Family Law Rules 2004*.
The court was required to determine whether to dismiss the father's application of 10 May 2013, and to consider the disposition of all other extant applications before it. Furthermore, the court needed to make orders regarding the return of subpoenaed documents and exhibits.
Benjamin J dismissed the father's application filed on 10 May 2013. All other extant applications before the court were also dismissed and removed from the list of cases requiring determination. The court ordered that all subpoenaed documents be returned to their original custodians and all exhibits be returned to the persons who tendered them, with specific mention of Exhibits M1-M4 and documents marked MFI1 and MFI2 being returned to the mother. The court also certified that it was reasonable to engage counsel to attend, pursuant to Rule 19.50 of the *Family Law Rules 2004*.
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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Procedural Fairness
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Most Recent Citation
Ellingford and Ellingford [2016] FamCA 528
Cases Cited
0
Statutory Material Cited
2