Crafter and Crafter and Ors (No 2)

Case

[2009] FamCA 1298

10 December 2009


Details
AGLC Case Decision Date
Crafter and Crafter and Ors (No 2) [2009] FamCA 1298 [2009] FamCA 1298 10 December 2009

CaseChat Overview and Summary

In *Crafter and Crafter (No 2)*, Strickland J of the Family Court of Australia considered applications and responses filed by the applicant wife, the respondent husband, and other respondents (identified as the 2nd, 3rd, 4th, and 5th respondents). The proceedings concerned a dispute, the precise nature of which is not detailed, but involved the filing of various applications, responses, and affidavits by the parties.

The court was required to determine several procedural matters, including whether to grant leave to the respondent husband to amend his Amended Response, and to extend the time for him to file and serve an affidavit responding to affidavits filed by other parties. The court also had to consider an application by the respondent husband to dismiss a specific paragraph of the applicant wife's Application in a Case, and to grant leave for the applicant wife and other respondents to file and serve amended documents and further affidavits. Finally, the court needed to decide on the adjournment of further consideration of the case.

Strickland J made a series of orders addressing these procedural issues. Leave was granted for the respondent husband to amend his Amended Response and for an extension of time to file his responding affidavit. However, a specific paragraph of the respondent husband's Application in a Case was dismissed. Leave was also granted for the applicant wife and the other respondents to file and serve amended applications and responses, and to file further affidavits. The applications for costs were reserved, and the further consideration of the case was adjourned to a later date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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