GREER & MACKINTOSH
Case
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[2010] FamCA 371
•25 January 2010
Details
AGLC
Case
Decision Date
GREER & MACKINTOSH [2010] FamCA 371
[2010] FamCA 371
25 January 2010
CaseChat Overview and Summary
In the matter of *Greer & Mackintosh*, Strickland J of the Family Court of Australia considered applications by the husband seeking a review of a Registrar's orders concerning the appointment of a single expert for valuations, and a stay of those orders pending the review. The wife had raised concerns about an initially agreed-upon valuer due to their prior involvement with the parties.
The court was required to determine whether to uphold the Registrar's orders for the appointment of a single expert valuer, and whether to grant a stay of those orders pending the husband's review. Additionally, the court considered an application for costs made by the wife.
Strickland J dismissed the husband's applications, finding no circumstances that justified a review of the Registrar's orders or a stay. The court also dismissed the wife's application for costs, indicating that there were no grounds to depart from the usual rule that costs follow the event in such circumstances. Consequently, the two applications in a case filed by the husband were dismissed and removed from the active pending cases list, and the wife's application for costs was also dismissed.
The court was required to determine whether to uphold the Registrar's orders for the appointment of a single expert valuer, and whether to grant a stay of those orders pending the husband's review. Additionally, the court considered an application for costs made by the wife.
Strickland J dismissed the husband's applications, finding no circumstances that justified a review of the Registrar's orders or a stay. The court also dismissed the wife's application for costs, indicating that there were no grounds to depart from the usual rule that costs follow the event in such circumstances. Consequently, the two applications in a case filed by the husband were dismissed and removed from the active pending cases list, and the wife's application for costs was also 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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Appeal
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Judicial Review
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Costs
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Procedural Fairness
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Jurisdiction
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Citations
GREER & MACKINTOSH [2010] FamCA 371
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