Ding and Ding (No 2)

Case

[2016] FamCA 824

23 September 2016


Details
AGLC Case Decision Date
Ding and Ding (No 2) [2016] FamCA 824 [2016] FamCA 824 23 September 2016

CaseChat Overview and Summary

In the matter of *Ding and Ding (No 2)*, Austin J of the Family Court of Australia considered applications by the wife concerning disclosure, property valuation, and an injunction, as well as her own application for an adjournment. The dispute arose in the context of family law proceedings where the wife sought various orders against the husband and third parties.

The court was required to determine whether to grant the wife's application for an adjournment, considering her failure to serve amended applications on joined parties and her late filing of supporting affidavits. Further issues included the extent of disclosure obligations between the parties and third parties, the valuation of certain properties previously transferred by the husband, and the wife's application for an injunction to restrain the enforcement of a state court judgment against her.

Austin J dismissed the wife's application for an adjournment, finding her unreadiness was self-inflicted. The court ordered the parties to comply with disclosure obligations and file undertakings, granting the wife leave to issue subpoenas to third parties and interrogate the husband. Regarding property valuation, the court ruled that valuations could proceed without the consent of current owners and ordered the husband to bear the costs of the single expert valuer, noting the wife's lack of resources. The application for an injunction was dismissed as no compelling argument was advanced for denying a judgment creditor the fruits of their litigation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Allen v Tobias [1958] HCA 13
Allen v Tobias [1958] HCA 13