Crafter and Crafter & Ors
Case
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[2009] FamCA 1200
•7 September 2009
Details
AGLC
Case
Decision Date
Crafter and Crafter & Ors [2009] FamCA 1200
[2009] FamCA 1200
7 September 2009
CaseChat Overview and Summary
In *Crafter and Crafter & Ors*, Strickland J of the Family Court of Australia considered an application by the wife for interim orders for partial property settlement, specifically seeking the sale of certain shares and the payment of the proceeds to her. The proceedings also involved case management and a continuation hearing.
The court was required to determine whether to grant the wife's application for interim orders for partial property settlement, including the sale of specified shares and the distribution of sale proceeds. Additionally, the court addressed procedural matters concerning the filing of evidence, the husband's ability to seek the wife's medical records, and the husband's right to request specific financial information about the wife's current partner. The court also considered the dismissal of certain filed documents and the adjournment of further proceedings.
Strickland J ordered the sale of Commonwealth Bank of Australia, Telstra Corporation Limited, and Babcock and Brown Environmental Investments Limited shares, with the net proceeds to be paid to the wife's solicitor's trust account. The court also directed the husband to file and serve his further affidavit of evidence in chief within five weeks. Leave was granted to the husband to issue a subpoena for the wife's medical records and to serve a requirement for answers regarding her current partner's financial circumstances. The wife's Application in a Case and the husband's Response were dismissed, and the matter was adjourned for further consideration.
The court was required to determine whether to grant the wife's application for interim orders for partial property settlement, including the sale of specified shares and the distribution of sale proceeds. Additionally, the court addressed procedural matters concerning the filing of evidence, the husband's ability to seek the wife's medical records, and the husband's right to request specific financial information about the wife's current partner. The court also considered the dismissal of certain filed documents and the adjournment of further proceedings.
Strickland J ordered the sale of Commonwealth Bank of Australia, Telstra Corporation Limited, and Babcock and Brown Environmental Investments Limited shares, with the net proceeds to be paid to the wife's solicitor's trust account. The court also directed the husband to file and serve his further affidavit of evidence in chief within five weeks. Leave was granted to the husband to issue a subpoena for the wife's medical records and to serve a requirement for answers regarding her current partner's financial circumstances. The wife's Application in a Case and the husband's Response were dismissed, and the matter was adjourned for further consideration.
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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Discovery
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Procedural Fairness
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