Dometis and Dometis
Case
•
[2009] FamCA 266
•6 April 2009
Details
AGLC
Case
Decision Date
Dometis and Dometis [2009] FamCA 266
[2009] FamCA 266
6 April 2009
CaseChat Overview and Summary
In the matter of *Dometis and Dometis*, heard before Young J, the proceedings concerned an application by the husband. The wife sought the dismissal of the husband's application, which had been issued on 16 March 2009.
The primary legal issues before the court were whether the husband's application should be dismissed, and if not, whether he should be granted leave to file a further application. The court also considered the wife's entitlement to costs, specifically in relation to the brief fee of counsel.
Young J ordered that the husband's application be dismissed. However, the husband was granted leave to make, file, and serve a further application, provided it was supported by an appropriate and detailed affidavit. Furthermore, the husband was ordered to pay $1,600 to the wife's solicitors within thirty days, to cover the brief fee of counsel for the day's proceedings. The court certified that the matter reasonably required the attendance of counsel for the wife, pursuant to Rule 19.50 of the Family Law Rules.
The primary legal issues before the court were whether the husband's application should be dismissed, and if not, whether he should be granted leave to file a further application. The court also considered the wife's entitlement to costs, specifically in relation to the brief fee of counsel.
Young J ordered that the husband's application be dismissed. However, the husband was granted leave to make, file, and serve a further application, provided it was supported by an appropriate and detailed affidavit. Furthermore, the husband was ordered to pay $1,600 to the wife's solicitors within thirty days, to cover the brief fee of counsel for the day's proceedings. The court certified that the matter reasonably required the attendance of counsel for the wife, pursuant to Rule 19.50 of the Family Law Rules.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Dometis and Dometis [2009] FamCA 266
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1