DOBBS & DOBBS

Case

[2019] FamCA 536

16 July 2019


Details
AGLC Case Decision Date
DOBBS & DOBBS [2019] FamCA 536 [2019] FamCA 536 16 July 2019

CaseChat Overview and Summary

The matter of *Dobbs & Dobbs* came before Johns J of the Family Court of Australia. The proceedings concerned the finalisation of property settlement orders and related applications. The wife sought leave to withdraw a contravention application, and the court was required to make further orders to give effect to existing final orders concerning the sale of a property located at D Street, Suburb L.

The court was tasked with determining the specific terms and conditions for the sale of the D Street property, including the appointment of selling agents, the method of sale, the establishment of a reserve price, and the appointment of a conveyancing solicitor. Additionally, the court needed to address the payment of costs awarded to both parties by different courts, and to make orders regarding communication between the parties for the purpose of giving effect to the property sale.

Johns J ordered that the wife have leave to withdraw her contravention application. The court then made detailed orders for the sale of the D Street property, appointing specific selling agents and stipulating a public auction to be conducted by a certain date. The reserve price was to be agreed in writing by the parties, failing which it would be nominated by the selling agents. The parties were ordered to appoint a conveyancing solicitor within 14 days, with the President of the Law Institute of Victoria to nominate one if agreement was not reached. The court also ordered that $9000 be paid to the wife from the husband's entitlements, representing the net effect of costs awarded to her by the Full Court of the Family Court of Australia less costs awarded to the husband by the Federal Circuit Court of Australia and the Family Court of Australia. Liberty to apply was granted concerning the sale terms, and specific written communication arrangements were permitted between the parties for the purpose of giving effect to the orders. The remaining applications before the court were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

2

DOBBS & DOBBS [2020] FamCA 700
Dobbs & Dobbs (No 2) [2025] FedCFamC1A 37
Cases Cited

0

Statutory Material Cited

1