Carmel-Fevia & Fevia

Case

[2010] FamCA 502

23 June 2010


Details
AGLC Case Decision Date
Carmel-Fevia & Fevia [2010] FamCA 502 [2010] FamCA 502 23 June 2010

CaseChat Overview and Summary

In proceedings between Carmel-Fevia and Fevia, the wife sought various orders from the court, including discovery, the filing of a financial statement by the husband, and issues relating to the appointment of a single expert witness. The husband opposed these applications. The court was also asked to determine whether the husband should pay the costs of the wife's expert accountant and whether the husband should pay costs previously reserved.

The primary legal issues before the court were whether to grant the wife's applications for discovery, the filing of a financial statement, and the appointment of a single expert witness. Additionally, the court had to determine the wife's applications for the husband to pay her expert accountant's costs and the costs reserved on a prior date.

Justice Cronin adjourned the wife's applications for discovery, the husband's financial statement, and issues concerning a single expert witness to a later date. The court dismissed the wife's application for the husband to pay her expert accountant's costs and her application for the husband to pay previously reserved costs. However, the wife and her legal practitioners were granted leave to inspect and copy court documents, family reports, and the final judgment from proceedings involving the husband and his former wife. The court also certified that it was reasonable to engage counsel, including senior counsel, to attend the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Costs

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

5

Julien & Perrin (No 2) [2025] FedCFamC1F 50
Julien & Perrin (No 2) [2025] FedCFamC1F 50
Adcock & Sealy (No 2) [2024] FedCFamC1F 123
Cases Cited

6

Statutory Material Cited

2

Hickey & Hickey [2003] FamCA 395
VAK & AK [2005] FamCA 803
GUTHRIE & RUSHTON [2009] FamCA 1144