Gade and Jabbar (No.17)
Case
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[2018] FCCA 2492
•4 September 2018
Details
AGLC
Case
Decision Date
Gade and Jabbar (No.17) [2018] FCCA 2492
[2018] FCCA 2492
4 September 2018
CaseChat Overview and Summary
In the matter of *Gade and Jabbar (No.17)*, Judge Terry of the Federal Circuit Court of Australia considered an application concerning the occupation of a property. The dispute involved the wife's continued residence at Property A in New South Wales, which the husband sought to recover.
The primary legal issue before the Court was whether the wife should be ordered to vacate the property and, if so, what enforcement mechanisms should be put in place. The Court also had to determine the costs associated with the application.
Judge Terry ordered that the wife vacate Property A by 5.00pm on Friday, 14 September 2018. The Court further ordered that should the wife fail to comply with this order, a warrant for possession would issue to the Federal Marshal, authorising entry to the property and delivery of possession to the husband. The wife was also ordered to pay the husband's costs of the application, fixed at $2,370.00, to be paid contemporaneously with the husband's payment to the wife under previous orders. The application was otherwise dismissed.
The primary legal issue before the Court was whether the wife should be ordered to vacate the property and, if so, what enforcement mechanisms should be put in place. The Court also had to determine the costs associated with the application.
Judge Terry ordered that the wife vacate Property A by 5.00pm on Friday, 14 September 2018. The Court further ordered that should the wife fail to comply with this order, a warrant for possession would issue to the Federal Marshal, authorising entry to the property and delivery of possession to the husband. The wife was also ordered to pay the husband's costs of the application, fixed at $2,370.00, to be paid contemporaneously with the husband's payment to the wife under previous orders. The application was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
Gade and Jabbar (No.17) [2018] FCCA 2492
Most Recent Citation
Jabbar and Gade (No. 4) [2018] FamCAFC 210
Cases Citing This Decision
2
Gade and Jabbar (No.21)
[2019] FCCA 906
Jabbar and Gade (No. 4)
[2018] FamCAFC 210
Cases Cited
0
Statutory Material Cited
2