Cuervo and Cuervo
Case
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[2009] FamCA 1060
•4 September 2009
Details
AGLC
Case
Decision Date
Cuervo and Cuervo [2009] FamCA 1060
[2009] FamCA 1060
4 September 2009
CaseChat Overview and Summary
In the matter of *Cuervo and Cuervo*, Bennett J of the Family Court of Australia was required to determine various interlocutory issues arising from proceedings between the parties. The dispute concerned the division of assets and liabilities following the breakdown of the marriage.
The court was tasked with determining the appropriate directions for the final hearing of the matter, including the exchange of financial documents and information relevant to the parties' financial positions. Specific issues included the disposition of a motor vehicle by the wife, the tracing of pension entitlements, the wife's claim for an "addback" of funds deposited into a company account, and the dispersal of proceeds from a personal loan taken by the wife. The court also considered an application for costs made by the husband.
Bennett J directed the parties to provide detailed disclosure of financial documents and information within seven days, including details of the sale of a BMW, pension fund deposits, the basis for a claimed $400,000 addback, and the dispersal of funds from a personal loan. The court also ordered a without prejudice round table conference to identify common areas of fact and directed that documents produced by the wife be inspected by the husband. The husband's oral application for costs was dismissed, and reasons for judgment on this application were to be transcribed. The husband was also ordered to provide written advice regarding facts and matters relevant to an accountant's letter.
The court was tasked with determining the appropriate directions for the final hearing of the matter, including the exchange of financial documents and information relevant to the parties' financial positions. Specific issues included the disposition of a motor vehicle by the wife, the tracing of pension entitlements, the wife's claim for an "addback" of funds deposited into a company account, and the dispersal of proceeds from a personal loan taken by the wife. The court also considered an application for costs made by the husband.
Bennett J directed the parties to provide detailed disclosure of financial documents and information within seven days, including details of the sale of a BMW, pension fund deposits, the basis for a claimed $400,000 addback, and the dispersal of funds from a personal loan. The court also ordered a without prejudice round table conference to identify common areas of fact and directed that documents produced by the wife be inspected by the husband. The husband's oral application for costs was dismissed, and reasons for judgment on this application were to be transcribed. The husband was also ordered to provide written advice regarding facts and matters relevant to an accountant's letter.
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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Costs
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Appeal
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Procedural Fairness
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Citations
Cuervo and Cuervo [2009] FamCA 1060
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