Falconer and Falconer

Case

[2009] FamCA 151

2 March 2009


Details
AGLC Case Decision Date
Falconer and Falconer [2009] FamCA 151 [2009] FamCA 151 2 March 2009

CaseChat Overview and Summary

In the matter of *Falconer and Falconer*, Young J considered an application for leave to intervene in proceedings. The primary dispute concerned property and financial matters between a husband and wife. A solicitor, Mr P, sought to intervene in these proceedings, and the court was required to determine the terms upon which this intervention would occur and how it would be integrated with the existing applications.

The court was tasked with determining whether to grant leave to intervene and, if so, how the intervenor's applications should be consolidated with the substantive property and financial proceedings. Further, the court needed to address the procedural steps required for the ongoing management of the case, including the adjournment of specific applications and the method of service of documents. The court also considered the appointment of a case guardian and the costs associated with the hearing.

Young J granted leave to the solicitor, Mr P, to intervene in the proceedings. The court ordered that the intervenor's application filed on 18 November 2008 be consolidated with all substantive applications and heard at the time of any defended property and financial hearing. The husband's application filed on 18 February 2009 was adjourned to a specific date for hearing in the Judicial Duty List. The intervenor was excused from attending this adjourned hearing, and the solicitor for the husband was directed to keep the intervenor informed of the proceedings' progress. Costs for the husband's appearance on the day were reserved to the trial judge. The court also ordered that the husband's Form 1 application and the intervenor's subsequent application be consolidated and adjourned to the same Judicial Duty List date. Until further order, service of documents upon the wife was to be effected by service upon Victoria Legal Aid.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

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