Denny and Collins
Case
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[2008] FamCA 1204
•21 August 2008
Details
AGLC
Case
Decision Date
Denny and Collins [2008] FamCA 1204
[2008] FamCA 1204
21 August 2008
CaseChat Overview and Summary
In *Denny and Collins*, the husband and wife were parties to proceedings concerning the sale of a property located in New South Wales. The dispute brought before the court involved an application for orders relating to the settlement of this property sale, as well as issues arising from a subpoena issued to the husband.
The court was required to determine the terms of any orders concerning the notification of the property sale settlement, the future conduct of proceedings related to the subpoena, and the inspection of documents produced pursuant to that subpoena. The court also needed to consider the costs of the interim proceedings and make directions for the adjournment of further matters.
The court ordered that the husband must provide the wife, through her solicitor, with at least 14 days' prior notice of the date of any settlement of the sale of the New South Wales property, unless the parties agreed otherwise. The proceedings concerning the subpoena issued to the husband were adjourned to a later date before the Docket Judge, with leave granted for the parties to inspect documents produced on subpoena by the husband's mother and by Frank Mathey, solicitor. The costs of the parties for the day were reserved, and the remaining interim proceedings were also adjourned to the same future date.
The court was required to determine the terms of any orders concerning the notification of the property sale settlement, the future conduct of proceedings related to the subpoena, and the inspection of documents produced pursuant to that subpoena. The court also needed to consider the costs of the interim proceedings and make directions for the adjournment of further matters.
The court ordered that the husband must provide the wife, through her solicitor, with at least 14 days' prior notice of the date of any settlement of the sale of the New South Wales property, unless the parties agreed otherwise. The proceedings concerning the subpoena issued to the husband were adjourned to a later date before the Docket Judge, with leave granted for the parties to inspect documents produced on subpoena by the husband's mother and by Frank Mathey, solicitor. The costs of the parties for the day were reserved, and the remaining interim proceedings were also adjourned to the same future date.
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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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Citations
Denny and Collins [2008] FamCA 1204
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