FRYE & FRYE

Case

[2018] FCCA 3943

3 December 2018


Details
AGLC Case Decision Date
FRYE & FRYE [2018] FCCA 3943 [2018] FCCA 3943 3 December 2018

CaseChat Overview and Summary

In the matter of FRYE & FRYE, heard before Judge B Smith, the dispute concerned interim orders and the procedural arrangements for a final hearing. The parties sought to resolve aspects of their case through consent, with specific directions issued regarding the filing and service of documents and the conduct of future court appearances.

The court was required to determine the terms of interim orders to be made by consent, and to establish a timetable for the final hearing. This included setting dates for a mention and a four-day final hearing, as well as outlining the content and deadlines for Case Outline documents to be filed by each party. The court also needed to address the particulars of obligations and potential consequences of contravening the orders made.

Judge B Smith made interim orders pursuant to Rule 13.04 of the Federal Circuit Court Rules 2001, in accordance with documents marked "Consent Orders" and "Minute of ICL" dated 3 December 2018. The court directed that the matter be listed for mention on 23 April 2019, with leave granted for solicitors to attend via telephone. A four-day final hearing was scheduled for 29 April 2019. Furthermore, each party was ordered to file and serve a Case Outline document seven days prior to the hearing, detailing documents to be read, minutes of orders sought, objections to evidence, and a summary of argument concerning s.60CC of the Family Law Act 1975. The court also noted that particulars of obligations and consequences of contravention were set out in Annexure A, pursuant to ss.65DA(2) and 62B of the Family Law Act 1975.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Statutory Construction

  • Remedies

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