Foster and Foster (No 2)

Case

[2012] FamCA 295

12 June 2012


Details
AGLC Case Decision Date
Foster and Foster (No 2) [2012] FamCA 295 [2012] FamCA 295 12 June 2012

CaseChat Overview and Summary

In *Foster and Foster (No 2)*, Young J of the Family Court of Australia made orders concerning procedural matters and costs in a family law dispute between a husband and wife. The proceedings involved applications relating to financial and property orders, as well as the circumstances of a child, B.

The court was required to determine the appropriate directions for the further conduct of the proceedings, including the filing of amended applications and responses, the disclosure of corporate documents, and the provision of an affidavit concerning the child's circumstances. The court also addressed the costs of the hearing.

Young J ordered the husband and his solicitors to comply with previous orders by filing an amended application that was not restricted to specific shareholdings, and allowed the wife a further period to file an amended response. The husband was also directed to provide corporate documents to the wife's solicitors. The court adjourned all extant applications and the husband's amended application for further case management and hearing. Furthermore, the husband was ordered to file an affidavit from an appropriate person regarding the child B's current behaviour and circumstances. The court also ordered the husband to pay the wife's costs of the hearing in the sum of $3,500, with payment stayed for ninety days. The court certified that the matter reasonably required the attendance of Senior Counsel for both parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

  • Remedies

  • Discovery

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