Connie and Connie
Case
•
[2008] FamCA 776
•5 September 2008
Details
AGLC
Case
Decision Date
Connie and Connie [2008] FamCA 776
[2008] FamCA 776
5 September 2008
CaseChat Overview and Summary
In the matter of *Connie and Connie*, heard before Justice Rose, the dispute concerned the husband's instruction to withdraw a lapsing notice he had served on the wife. The wife had made an application to the court, and the husband's actions in relation to this notice were central to the proceedings.
The court was required to determine the appropriate orders to ensure the husband's withdrawal of the lapsing notice, and to provide a mechanism for the wife to be assured of this withdrawal. The court also needed to address the costs associated with the wife's application.
Justice Rose ordered that the husband must, by a specified date, execute and deliver an instruction for the withdrawal of his lapsing notice to the New South Wales Department of Lands. Upon compliance, his solicitor was to provide a copy of the evidence of this compliance to the wife's legal representative. In the event the husband failed to comply, the Registrar of the Court was empowered to sign and furnish the necessary documentation on the husband's behalf, upon receipt of such documentation from the wife's solicitor. Furthermore, the husband was ordered to pay the wife's costs of her application in the sum of $2,000.00 by a specified date.
The court was required to determine the appropriate orders to ensure the husband's withdrawal of the lapsing notice, and to provide a mechanism for the wife to be assured of this withdrawal. The court also needed to address the costs associated with the wife's application.
Justice Rose ordered that the husband must, by a specified date, execute and deliver an instruction for the withdrawal of his lapsing notice to the New South Wales Department of Lands. Upon compliance, his solicitor was to provide a copy of the evidence of this compliance to the wife's legal representative. In the event the husband failed to comply, the Registrar of the Court was empowered to sign and furnish the necessary documentation on the husband's behalf, upon receipt of such documentation from the wife's solicitor. Furthermore, the husband was ordered to pay the wife's costs of her application in the sum of $2,000.00 by a specified date.
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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Injunction
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Remedies
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Procedural Fairness
Actions
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Citations
Connie and Connie [2008] FamCA 776
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4