Gibbs and Gibbs and Ors
Case
•
[2017] FamCA 7
•17 January 2017
Details
AGLC
Case
Decision Date
Gibbs and Gibbs and Ors [2017] FamCA 7
[2017] FamCA 7
17 January 2017
CaseChat Overview and Summary
In *Gibbs and Gibbs and Ors*, Carew J of the Supreme Court of Queensland considered an application filed by the applicant. The precise nature of the dispute and the respondent parties are not detailed in the provided text, beyond the applicant's filing of an "Application in a Case".
The primary legal issue before the court was the determination of the application itself. Following this, the court was required to consider the appropriate orders regarding the costs associated with the application, should the parties be unable to reach an agreement on this matter.
Carew J dismissed the applicant's application. The court then outlined a process for determining costs. If the parties could not agree on costs within 21 days, they were to file written submissions within a further 14 days, with the issue to be determined in chambers unless a party contended otherwise. If the parties did reach an agreement on costs, they were at liberty to file joint minutes of consent.
The primary legal issue before the court was the determination of the application itself. Following this, the court was required to consider the appropriate orders regarding the costs associated with the application, should the parties be unable to reach an agreement on this matter.
Carew J dismissed the applicant's application. The court then outlined a process for determining costs. If the parties could not agree on costs within 21 days, they were to file written submissions within a further 14 days, with the issue to be determined in chambers unless a party contended otherwise. If the parties did reach an agreement on costs, they were at liberty to file joint minutes of consent.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Consent
Actions
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Citations
Gibbs and Gibbs and Ors [2017] FamCA 7
Most Recent Citation
Warrick and Mia [2018] FamCA 426
Cases Citing This Decision
3
Warrick and Mia
[2018] FamCA 426
Warrick and Mia
[2018] FamCA 426
Warrick and Mia
[2018] FamCA 426
Cases Cited
15
Statutory Material Cited
1
Paul and Paul
[2011] FamCA 672
Pedrana and Pedrana
[2012] FamCA 347
X and Y
[2002] FamCA 767