Cummins & Magro

Case

[2021] FamCA 90

25 February 2021


Details
AGLC Case Decision Date
Cummins & Magro [2021] FamCA 90 [2021] FamCA 90 25 February 2021

CaseChat Overview and Summary

In the matter of *Cummins & Magro*, heard by Altobelli J, the applicant wife sought interim property orders, interim costs, and injunctions against the first respondent husband and the second respondent. The dispute concerned the valuation of real estate and business interests held jointly by the husband and the second respondent, with the wife appearing to be unemployed and unable to meet her legal fees, while the husband's financial circumstances were considered more flexible.

The primary legal issues before the court were the appointment of a single joint expert to value the parties' assets, the allocation of costs associated with this expert, and the provision of interim costs to the wife to enable her to meet her legal expenses. The court was also required to consider the dismissal of outstanding interim applications.

Altobelli J ordered that the wife comply with the Family Law Rules regarding the appointment of a single joint expert for the valuation of real estate and business interests. Leave was granted for the parties to file a minute of order concerning the appointment of single joint experts, with the husband to bear the initial costs, subject to determination by the trial judge. Crucially, the husband was ordered to pay the wife $40,000 within 21 days for the purpose of settling her legal costs incurred to date. All outstanding interim applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Expert Evidence

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Vail and Vail (No 2) [2020] FamCA 1070