FAMILY COURT OF AUSTRALIA
| DUCATTI & TRITTON AND ANOR | [2018] FamCA 979 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where the wife seeks an adjournment of the final hearing in the week prior to that listing – Where the husband and the Second Respondent oppose that adjournment – Where the parties have not yet obtained the ordered expert valuation reports in respect of real property contained in the matrimonial asset pool – Where the parties have not yet obtained the ordered Single Expert in respect of parenting matters – Where the parties have not yet filed and served their Affidavit material – Where the Court finds that the granting of an adjournment will cause detriment to the Respondents and the other litigants in this Court – Where the Court finds that this is counterbalanced by the importance of the parties properly putting their contentions to the Court at final hearing – Where the Court finds that the parties have not had the opportunity of clarifying the relevant expert reports, in terms of the procedures set out in the Family Law Rules 2004 – Adjournment granted. |
| Federal Court of Australia Act 1976 (Cth), s. 37M Family Law Rules 2004 (Cth), r. 1.04 |
| Gadde v Gadde [2015] FamCA 617 Hart v Deputy Commissioner of Taxation [2016] FCA 250 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 |
| APPLICANT: | Ms Ducatti |
| RESPONDENT: | Mr Tritton |
| INTERVENOR: | Mr E Tritton |
| FILE NUMBER: | SYC | 6271 | of | 2016 |
| DATE DELIVERED: | 6 November 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland |
| HEARING DATE: | 6 November 2018 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | KD Holmes Solicitors |
| SOLICITOR FOR THE RESPONDENT: | Broun Abrahams Burreket |
| SOLICITOR FOR THE INTERVENOR: | York Law Family Law Specialists |
Orders
THE COURT ORDERS THAT:
The hearing of this matter listed to commence on 15 November 2018 is adjourned, with the matter to be heard over six days, commencing on 3 June 2019 at 10:00am.
The parties pay their share of the Single Expert fees, by 30 January 2019.
The parties are to act in accordance with the Family Law Rules 2004, including in respect to time limits, in seeking any necessary clarification from the Single Experts, following receipt of their reports.
The Applicant and the First Respondent file and serve any Affidavits upon which they intend to rely, by 1 March 2019.
The Second Respondent file and serve any Affidavits upon which he intends to rely, by 14 March 2019.
The First Respondent’s Response to an Application in a Case filed on 6 November 2018 and the Second Respondent’s Response to an Application in a Case filed on 1 November 2018 be adjourned to 15 March 2019 at 10:00am, in respect to those parts of the respective applications where it is sought that the matter proceed undefended.
Costs of this application and costs thrown away by the adjournment are reserved.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS…
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- AGLC
- Ducatti and Tritton and Anor [2018] FamCA 979
- Case
- [2018] FamCA 979
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate procedural steps and timelines for the ongoing litigation. This included setting a new hearing date, managing the payment of single expert fees, and establishing deadlines for the filing and service of affidavits by the parties. Furthermore, the court addressed specific aspects of the applications concerning whether the matter should proceed undefended.
McClelland J's reasoning, as evidenced by the orders, focused on ensuring a fair and efficient progression of the case. The court applied the Family Law Rules 2004 to govern the parties' conduct, particularly in relation to seeking clarification from single experts. The adjournment of the hearing and the reservation of costs indicate that the court considered the need for further evidence and submissions before making final determinations.
The court made several orders, including adjourning the hearing to commence on 3 June 2019, requiring parties to pay their share of single expert fees by 30 January 2019, and setting strict deadlines for the filing of affidavits. The court also adjourned specific parts of the applications concerning undefended proceedings to 15 March 2019, and reserved costs.
Orders
Orders of the court
THE COURT ORDERS THAT:
1.
The hearing of this matter listed to commence on 15 November 2018 is adjourned, with the matter to be heard over six days, commencing on 3 June 2019 at 10:00am.
2.
The parties pay their share of the Single Expert fees, by 30 January 2019.
3.
The parties are to act in accordance with the Family Law Rules 2004, including in respect to time limits, in seeking any necessary clarification from the Single Experts, following receipt of their reports.
4.
The Applicant and the First Respondent file and serve any Affidavits upon which they intend to rely, by 1 March 2019.
5.
The Second Respondent file and serve any Affidavits upon which he intends to rely, by 14 March 2019.
6.
The First Respondent’s Response to an Application in a Case filed on 6 November 2018 and the Second Respondent’s Response to an Application in a Case filed on 1 November 2018 be adjourned to 15 March 2019 at 10:00am, in respect to those parts of the respective applications where it is sought that the matter proceed undefended.
7.
Costs of this application and costs thrown away by the adjournment are reserved.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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