Bing and Bing and Anor (No 3)
Case
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[2009] FamCA 936
•1 October, 2009
Details
AGLC
Case
Decision Date
Bing and Bing and Anor (No 3) [2009] FamCA 936
[2009] FamCA 936
1 October, 2009
CaseChat Overview and Summary
In the matter of *Bing and Bing and Anor (No 3)*, Cronin J considered an application by the wife for leave to review out of time the orders of registrar Riddiford made on 8 April 2009. The dispute concerned a costs assessment and the proposed sale of a business.
The primary legal issue before the court was whether to grant the wife leave to review the registrar's orders retrospectively, given the delay in bringing the application. This involved assessing whether the conditions for such a review could be met and what interim arrangements should be put in place regarding disputed funds.
Cronin J determined that leave to review the registrar's orders could be granted, but only subject to strict conditions. These conditions required the wife, by 30 October 2009, to present a minute of orders agreed by both parties for the expeditious sale of a business and the payment of a specific sum from the net proceeds to the wife's solicitors. Additionally, the wife was required to file and serve a precise list of objections to the costs account. If these conditions were met, the matter of the disputed cost assessment would be listed for hearing. Pending the determination of the costs dispute, the funds were to be held in trust for Rockman & Rockman and the wife. The costs of Rockman & Rockman from a previous hearing were reserved.
The primary legal issue before the court was whether to grant the wife leave to review the registrar's orders retrospectively, given the delay in bringing the application. This involved assessing whether the conditions for such a review could be met and what interim arrangements should be put in place regarding disputed funds.
Cronin J determined that leave to review the registrar's orders could be granted, but only subject to strict conditions. These conditions required the wife, by 30 October 2009, to present a minute of orders agreed by both parties for the expeditious sale of a business and the payment of a specific sum from the net proceeds to the wife's solicitors. Additionally, the wife was required to file and serve a precise list of objections to the costs account. If these conditions were met, the matter of the disputed cost assessment would be listed for hearing. Pending the determination of the costs dispute, the funds were to be held in trust for Rockman & Rockman and the wife. The costs of Rockman & Rockman from a previous hearing were reserved.
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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Injunction
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Remedies
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Consent
Actions
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Most Recent Citation
ALDRIDGE & KEATON [2012] FamCA 345
Cases Cited
3
Statutory Material Cited
3
HG v the Queen
[1999] HCA 2
Clivery & Conway
[2007] FamCA 1435
Gallo v Dawson
[1990] HCA 30