Firth and Firth

Case

[2007] FamCA 1090

30 August 2007


Details
AGLC Case Decision Date
Firth and Firth [2007] FamCA 1090 [2007] FamCA 1090 30 August 2007

CaseChat Overview and Summary

This matter concerned an application by the wife against the husband, heard by Guest J in the Family Court of Australia. The wife sought various orders relating to the disclosure of information concerning the husband's superannuation and life insurance policies, as well as costs.

The primary legal issues before the court were whether the husband should be compelled to provide details of any claims made on his Emergency Services Superannuation Scheme and to consent to the release of information regarding past and future claims to the wife. Additionally, the court was required to determine whether the husband had complied with a previous order requiring him to provide evidence of a life insurance policy and to consider the wife's costs of the application.

Guest J ordered that the husband forthwith provide all details of any claim made by him on the Emergency Services Superannuation Scheme between 18 November 1998 and the date of the order. The husband was also directed to do all things necessary to request the trustee of the scheme to provide the wife with details of all past and future claims. The court further ordered the husband to produce evidence of compliance with a previous order regarding a life insurance policy. The wife was ordered to serve the court's orders and a covering letter on the husband.

The court ordered that the husband pay the wife's costs of the application, fixed at $1,100. The wife's application filed on 7 June 2007 was otherwise dismissed, while her application for final orders was adjourned for hearing at the Mildura sittings of the Court commencing on 12 November 2007. The judgment was directed to be transcribed and placed on the court file, and it was certified that the matter reasonably required the attendance of counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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