Cullen and Cullen

Case

[2013] FamCA 768

6 September 2013


Details
AGLC Case Decision Date
Cullen and Cullen [2013] FamCA 768 [2013] FamCA 768 6 September 2013

CaseChat Overview and Summary

In the matter of *Cullen and Cullen*, Justice Cronin of the Family Court of Australia considered an application by the wife for leave to appeal orders made by the Magistrates’ Court at Geelong. The proceedings involved a dispute between the parties, though the precise nature of the underlying dispute is not detailed in the provided text.

The court was required to determine whether to grant the wife leave to appeal out of time and to establish directions for the future conduct of the proceedings. This included setting timelines for the filing of amended applications, affidavits of evidence in chief, financial statements, and outlines of case, as well as addressing the potential for objections to evidence and the use of expert witnesses.

Justice Cronin granted the wife leave to appeal and file her notice of appeal nunc pro tunc. The court then issued comprehensive directions for the preparation of the matter for a final hearing. These directions mandated the precise articulation of orders sought by both parties, the filing of fresh evidence in chief (excluding prior affidavits), and the submission of compliant financial statements. The court also stipulated that evidence in chief would be given by affidavit and that parties would confer on expert evidence. The matter was adjourned for a final hearing on 6 March 2014, with a mention scheduled for 28 February 2014. The wife was ordered to pay the husband's costs in relation to the application for leave to appeal.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Expert Evidence

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1