Casboult and Close (No.4)

Case

[2013] FCCA 943

6 May 2013


Details
AGLC Case Decision Date
CASBOULT & CLOSE (No.4) [2013] FCCA 943 [2013] FCCA 943 6 May 2013

CaseChat Overview and Summary

In the matter of *Casboult and Close (No.4)*, Judge Brown of the Federal Circuit Court of Australia considered orders relating to the sale and marketing of a property, and the vacating of two properties by the respondent husband, Mr Close. The dispute involved the practical steps required to facilitate the sale of property and ensure compliance with court directions.

The court was required to determine the appropriate orders for the sale and marketing of Property D1, including who should execute necessary documents in lieu of the husband. Furthermore, the court needed to address the respondent's compliance with an order to vacate Property D1 and Property D2, and the consequences of any failure to do so. The court also confirmed the final hearing date and set deadlines for the parties to file and serve affidavit evidence and financial statements.

Judge Brown directed the Registrar of the court at Adelaide to sign all necessary documents for the sale and marketing of Property D1 in place of the husband. The husband was ordered to vacate both Property D1 and Property D2 within fourteen days and provide all keys to the appointed agent. The court also stipulated that if the husband failed to comply, an enforcement warrant would issue, authorising an enforcement officer to remove him from the premises. The final hearing was confirmed, with specific dates set for the applicant to pay setting down and daily hearing fees, and for both parties to file and serve their affidavit evidence and updated financial circumstances.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Discovery

  • Costs

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Cases Citing This Decision

1

CASBOULT & CLOSE [2015] FCCA 1877
Cases Cited

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Statutory Material Cited

2