GILBERT & GILBERT

Case

[2013] FCCA 667

27 June 2013


Details
AGLC Case Decision Date
GILBERT & GILBERT [2013] FCCA 667 [2013] FCCA 667 27 June 2013

CaseChat Overview and Summary

In the matter of *Gilbert & Gilbert*, heard by Judge Brown of the Federal Circuit Court of Australia, the parties were engaged in a dispute concerning property division. The court issued a series of orders aimed at facilitating the resolution of these property matters.

The court was required to determine the procedural steps necessary for the parties to progress their property dispute. This included setting a date for a conciliation conference, outlining the financial obligations associated with that conference, and establishing a framework for the exchange of crucial financial and valuation documents. The court also needed to manage the listing of the matter for further directions.

Judge Brown ordered that the parties attend a conciliation conference before a Registrar on 29 August 2013. The applicant was directed to pay the conference fee within 28 days, with failure to do so resulting in the vacation of the conference and the matter being listed for mention. The parties were also ordered to exchange appraisals, valuations, and relevant financial documents 14 days prior to the conference, and to undertake informal discovery within 28 days. A previous directions hearing was vacated and a new one scheduled for 3 September 2013. By consent, the parties were ordered to take all necessary steps to place a specified property on the market for sale, with agreement on terms to be reached between them or, failing that, as directed by the Court.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Procedural Fairness

  • Costs

  • Injunction

Actions
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Cases Citing This Decision

3

PAILING & GILBERT [2015] FCCA 2533
CRESWELL & CRESWELL [2015] FCCA 1094
Ackerman and Eastwood [2013] FCCA 1055
Cases Cited

9

Statutory Material Cited

0

Redman v Redman [2014] HCASL 23
Stanford v Stanford [2012] HCA 52
Mallet v Mallet [1984] HCA 21