Freer & Freer (No. 2)

Case

[2008] FamCA 383

21 February 2008


Details
AGLC Case Decision Date
Freer & Freer (No. 2) [2008] FamCA 383 [2008] FamCA 383 21 February 2008

CaseChat Overview and Summary

In the matter of *Freer & Freer (No. 2)*, Strickland J of the Family Court of Australia considered applications made by the husband and an intervenor, Mr Rickards, in proceedings between the husband and wife concerning property division. The husband sought leave to make submissions at the final hearing regarding property at Adelaide, an application which was not opposed. The intervenor, Mr Rickards, sought an adjournment of six months due to a lack of funds, an application that was opposed by the other parties.

The primary legal issues before the Court were whether to grant the husband's unopposed application for leave to make submissions, and whether to grant the intervenor's opposed application for a six-month adjournment. Additionally, the Court was required to determine an application for costs brought by the wife and the trustee in bankruptcy against the intervenor, who had been wholly unsuccessful in his application.

Strickland J granted the husband's application for leave to make submissions, noting it was unopposed. However, the Court dismissed the intervenor's application for a six-month adjournment, finding that such a delay would cause significant prejudice to the other parties involved in the proceedings. Consequently, the Court ordered that the intervenor, Mr Rickards, pay costs to the wife and the Trustee in Bankruptcy in the sum of $300 each, totalling $600, to be paid within two months. The intervenor's application in a case was dismissed and removed from the active pending cases list.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Standing

  • Procedural Fairness

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