Chatterjee and Woodby-Chatterjee
Case
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[2018] FamCA 474
•6 April 2018
Details
AGLC
Case
Decision Date
Chatterjee and Woodby-Chatterjee [2018] FamCA 474
[2018] FamCA 474
6 April 2018
CaseChat Overview and Summary
In the matter of *Chatterjee and Woodby-Chatterjee*, the wife applied for Justice Stevenson to recuse himself from the proceedings. The husband also made an oral application for costs.
The primary legal issue before the Court was whether Justice Stevenson should recuse himself from hearing the case. A secondary issue concerned the appropriate procedure for any future costs applications by either party.
Justice Stevenson refused the wife's application for recusal, stating that he would provide brief reasons immediately and elaborate in his written judgment at the conclusion of the proceedings. Regarding costs, the Court directed that any costs applications from either party must be made in writing, supported by evidence as to quantum, in the form of a Case Application, and that such applications would be considered at the conclusion of the entire proceedings. The hearing was subsequently adjourned part-heard.
The primary legal issue before the Court was whether Justice Stevenson should recuse himself from hearing the case. A secondary issue concerned the appropriate procedure for any future costs applications by either party.
Justice Stevenson refused the wife's application for recusal, stating that he would provide brief reasons immediately and elaborate in his written judgment at the conclusion of the proceedings. Regarding costs, the Court directed that any costs applications from either party must be made in writing, supported by evidence as to quantum, in the form of a Case Application, and that such applications would be considered at the conclusion of the entire proceedings. The hearing was subsequently adjourned part-heard.
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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Jurisdiction
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Procedural Fairness
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Most Recent Citation
WOODBY-CHATTERJEE & CHATTERJEE [2018] FamCAFC 182
Cases Cited
2
Statutory Material Cited
0
DJ Singh v DH Singh (No 2)
[2018] NSWCA 31
Re JRL; Ex parte CJL
[1986] HCA 39