Bodilly and Hand and Anor
Case
•
[2017] FamCA 1094
•20 December 2017
Details
AGLC
Case
Decision Date
Bodilly and Hand and Anor [2017] FamCA 1094
[2017] FamCA 1094
20 December 2017
CaseChat Overview and Summary
In the matter of *Bodilly and Hand and Anor*, Cronin J considered objections to subpoenas and applications concerning the conduct of proceedings. The applicant sought the removal of the second respondent from the proceedings and the bifurcation of spousal maintenance proceedings, while also making applications regarding costs and disclosure.
The court was required to determine whether objections to subpoenas lodged by Dr U and the second respondent should be upheld, and whether the applicant's applications for the removal of the second respondent and the bifurcation of spousal maintenance proceedings should be granted. Further issues included the extent of disclosure required from the second respondent and the appropriate orders for costs, including interim payments and the provision of cost information.
Cronin J dismissed the objection to the subpoena lodged by Dr U and the objection filed by the second respondent to the applicant’s subpoena to her, ordering the second respondent to provide disclosure as a party. The court also dismissed the applicant’s applications for the removal of the second respondent and for a bifurcation of the spousal maintenance proceedings. Regarding costs, the first respondent was ordered to pay the applicant’s costs on a monthly basis from 16 December 2017 until trial, with specific directions for the timing and reporting of these payments. The applicant’s application for a lump sum payment of costs was dismissed, and all other outstanding applications and the amended reply were adjourned to the final hearing, with general costs reserved.
The court was required to determine whether objections to subpoenas lodged by Dr U and the second respondent should be upheld, and whether the applicant's applications for the removal of the second respondent and the bifurcation of spousal maintenance proceedings should be granted. Further issues included the extent of disclosure required from the second respondent and the appropriate orders for costs, including interim payments and the provision of cost information.
Cronin J dismissed the objection to the subpoena lodged by Dr U and the objection filed by the second respondent to the applicant’s subpoena to her, ordering the second respondent to provide disclosure as a party. The court also dismissed the applicant’s applications for the removal of the second respondent and for a bifurcation of the spousal maintenance proceedings. Regarding costs, the first respondent was ordered to pay the applicant’s costs on a monthly basis from 16 December 2017 until trial, with specific directions for the timing and reporting of these payments. The applicant’s application for a lump sum payment of costs was dismissed, and all other outstanding applications and the amended reply were adjourned to the final hearing, with general costs reserved.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Discovery
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Procedural Fairness
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Appeal
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Bodilly & Hand (No. 2)
[2012] FamCA 734
Prantage & Prantage
[2013] FamCAFC 105
Paris King Investments Pty Ltd v Rayhill
[2006] NSWSC 578