Crease and Landers
Case
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[2010] FamCA 1265
•23 December 2010
Details
AGLC
Case
Decision Date
Crease and Landers [2010] FamCA 1265
[2010] FamCA 1265
23 December 2010
CaseChat Overview and Summary
In proceedings before Benjamin J, the dispute concerned an application brought by the husband. The wife sought an adjournment of an interim hearing and leave to attend by telephone. The husband sought to file further material in support of his application.
The court was required to determine whether to grant the wife's request for an adjournment and to allow her to participate in the hearing remotely. It also had to consider the husband's application to file additional material and whether to impose any restrictions on further filings.
Benjamin J ordered an adjournment of the interim hearing to 17 January 2011, granting the parties leave to attend by telephone. Crucially, the husband was restrained from filing any further material in respect of his application. The wife was directed to file and serve her material by 4.00 pm on 14 January 2011, with service to be effected by email to the husband's solicitors and counsel. The costs of both parties were reserved, and it was certified that it was reasonable to engage counsel. The reasons for these orders were not to be published.
The court was required to determine whether to grant the wife's request for an adjournment and to allow her to participate in the hearing remotely. It also had to consider the husband's application to file additional material and whether to impose any restrictions on further filings.
Benjamin J ordered an adjournment of the interim hearing to 17 January 2011, granting the parties leave to attend by telephone. Crucially, the husband was restrained from filing any further material in respect of his application. The wife was directed to file and serve her material by 4.00 pm on 14 January 2011, with service to be effected by email to the husband's solicitors and counsel. The costs of both parties were reserved, and it was certified that it was reasonable to engage counsel. The reasons for these orders were not to be published.
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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Injunction
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Costs
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Procedural Fairness
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Citations
Crease and Landers [2010] FamCA 1265
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