Eberson and Kendall and Ors

Case

[2013] FamCA 1116

18 September 2013


Details
AGLC Case Decision Date
Eberson and Kendall and Ors [2013] FamCA 1116 [2013] FamCA 1116 18 September 2013

CaseChat Overview and Summary

In the matter of *Eberson and Kendall and Ors*, Aldridge J considered an application to set aside an order for disclosure made on 8 July 2013. The proceedings involved Ms Eberson (the applicant wife) and Ms Kendall and others (the respondents).

The court was required to determine whether the existing disclosure order should be set aside. Additionally, the court considered the need for further particulars regarding payments received in related proceedings and the filing of points of claim by the wife against third and fourth respondents in the substantive proceedings. The court also addressed the provision of updated bank account statements by Mr Karas.

Aldridge J set aside the disclosure order of 8 July 2013. The court ordered Ms Eberson to provide written details of payments received in the proceedings between Ms Kendall and Mr Karas, specifically identifying any payees not covered by a letter dated 13 May 2013, within seven days. Furthermore, the wife was directed to file and serve her points of claim against the second, third, and fourth respondents in the main proceedings by 1 November 2013. By consent, Mr Karas was to provide updated bank account statements to the applicant wife within seven days. There were no orders as to costs.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Costs

  • Consent

  • Procedural Fairness

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