Bourke and Bourke (No. 3)

Case

[2008] FamCA 450

3 June 2008


Details
AGLC Case Decision Date
Bourke and Bourke (No. 3) [2008] FamCA 450 [2008] FamCA 450 3 June 2008

CaseChat Overview and Summary

In *Bourke and Bourke (No. 3)*, Dessau J considered an application by the wife in family law proceedings. The primary dispute concerned the division of property, and the court was required to determine whether to join S Pty Ltd as a party to the proceedings and to make orders regarding the production of documents and the filing of affidavits by the parties and the newly joined company.

The court was asked to consider the joinder of S Pty Ltd as a party to the proceedings, the disclosure of financial documents relating to the sale of units at W and a partnership with the husband, the transfer of Unit 3 at W, and any encumbrances affecting that property. Additionally, the court needed to establish a timetable for the filing and service of responses and affidavits from both the husband and S Pty Ltd, and to ensure compliance with previous orders regarding the husband's obligations.

Dessau J ordered that S Pty Ltd be joined as a party to the proceedings. The court directed that S Pty Ltd file and serve a notice of address for service, a response to the wife's application for final orders, and produce specific documentation relating to the sale of units at W, its partnership with the husband, the transfer of Unit 3 at W, and any encumbrances on that property. The husband was also ordered to file and serve affidavits in response to the wife's application, and the wife was to file and serve affidavits in response to the husband's material. The husband was further ordered to comply with a previous order made on 14 June 2007 and to take steps to have caveats withdrawn from properties at D and M. The matter was adjourned for a mention in approximately seven weeks to set a final hearing date, with all questions of costs reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Costs

  • Injunction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0