Golding and Wilmer (No.2)
Case
•
[2017] FCCA 2008
•16 August 2017
Details
AGLC
Case
Decision Date
Golding and Wilmer (No.2) [2017] FCCA 2008
[2017] FCCA 2008
16 August 2017
CaseChat Overview and Summary
In *Golding and Wilmer (No.2)*, Judge McNab considered an application by the Wife to stay proceedings pending the finalisation of an appeal, alongside various procedural and disclosure matters in a family law dispute between the Husband and Wife.
The court was required to determine whether to grant the Wife's application for a stay of proceedings. Additionally, the court needed to make orders regarding the disclosure of financial information by the Wife, the filing of responding material by the Husband, and the process for accountants to confer and identify areas of agreement and disagreement concerning the valuation of assets. The court also addressed the valuation of a specific property and the potential discharge of prior orders.
Judge McNab dismissed the Wife's application for a stay, finding it appropriate to proceed with the proceedings. The court then made detailed orders for the Wife to provide current valuations of her superannuation and financial statements for two businesses. Directions were given for the Husband to file responding affidavits from his accountant, followed by a mandatory conference between the parties' accountants to identify and attempt to resolve valuation issues. The court also stipulated a process for obtaining an updated valuation of a particular property if the parties could not agree on its value prior to trial, and noted an amendment to the estimated trial length. The Wife was ordered to pay the Husband's costs for her response to his application and her own application for a stay.
The court was required to determine whether to grant the Wife's application for a stay of proceedings. Additionally, the court needed to make orders regarding the disclosure of financial information by the Wife, the filing of responding material by the Husband, and the process for accountants to confer and identify areas of agreement and disagreement concerning the valuation of assets. The court also addressed the valuation of a specific property and the potential discharge of prior orders.
Judge McNab dismissed the Wife's application for a stay, finding it appropriate to proceed with the proceedings. The court then made detailed orders for the Wife to provide current valuations of her superannuation and financial statements for two businesses. Directions were given for the Husband to file responding affidavits from his accountant, followed by a mandatory conference between the parties' accountants to identify and attempt to resolve valuation issues. The court also stipulated a process for obtaining an updated valuation of a particular property if the parties could not agree on its value prior to trial, and noted an amendment to the estimated trial length. The Wife was ordered to pay the Husband's costs for her response to his application and her own application for a stay.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Discovery
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
10
Statutory Material Cited
0
Medlow & Medlow
[2016] FamCAFC 34
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Minister for Immigration and Citizenship v Li
[2013] HCA 18