FAMILY COURT OF AUSTRALIA
| GOODRIDGE & BEADLE AND ORS | [2019] FamCA 709 |
| FAMILY LAW – EXAMINATION OF WITNESSES – rule 15.71 of the Family Law Rules – whether an abuse of process – whether examinations should be stayed – held, no abuse, no stay. |
| Bankruptcy Act 1966 (Cth) ss 60, 116 Corporations Act 2001 (Cth) s 596A Evidence Act 1995 (Cth) s 128 Family Law Act 1975 (Cth) ss 4(1), 34, 69ZP(1), 69ZQ(1)(c), 69ZX(1)(e), 78, 79, 90SM, 92, 106, Family Law Rules 2004 (Cth) r 15.71 Federal Circuit Court of Australia Act 1999 (Cth) s 39 Livestock Disease Control Act 1994 (Vic) Migration Act 1958 (Cth), pt 7AA |
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- Case
- [2019] FamCA 709
- Decision Date
CaseChat Overview and Summary
The court was required to determine the fate of the applications made by Ms Goodridge and Mr Goodridge, and to make orders regarding the ongoing examinations and the production of documents. The court also needed to address the issue of costs.
Justice Wilson dismissed all applications advanced by Ms Goodridge and Mr Goodridge in their respective cases. The court ordered that both Ms Goodridge and Mr Goodridge comply forthwith with previous orders made on 5 June 2019 and 15 July 2019 concerning the production of documents. A further hearing for the examinations ordered on 15 July 2019 was fixed for 6 April 2020. Leave was granted to both Ms Goodridge and Mr Goodridge to make viva voce submissions on 1 October 2019. Costs were reserved, and parties were to file written submissions as to costs by 18 October 2019. Each party was granted liberty to apply generally.
Orders
Orders of the court
1.
Ms Goodridge has leave to make viva voce submissions to the court on 1 October 2019.
2.
All applications advanced in her application in a case dated 23 September 2019 are dismissed.
3.
Mr Goodridge has leave to make viva voce submissions to the court on 1 October 2019.
4.
All applications advanced in his application in a case dated 24 September 2019 are dismissed.
5.
The further hearing of the examinations ordered pursuant to my orders made on 15 July 2019 is fixed for one day on 6 April 2020 at 10am.
6.
Forthwith, Ms Goodridge and Mr Goodridge comply with my orders made on 5 June 2019 and 15 July 2019 in relation to the production of documents.
7.
Costs are reserved.
8.
Certify for all counsel.
9.
On or before 4pm on 18 October 2019 any party seeking to do so is to file and serve written submissions as to costs.
10.
Each party has liberty to apply generally.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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