Hankinson & De Vries & Ors
Case
•
[2013] FamCA 455
•12 June 2013
Details
AGLC
Case
Decision Date
Hankinson & De Vries & Ors [2013] FamCA 455
[2013] FamCA 455
12 June 2013
CaseChat Overview and Summary
In *Hankinson & De Vries & Ors*, heard before Kent J, the applicant sought a declaration against the respondents. The proceedings involved an application to remove the Second and Third Respondents as parties.
The primary legal issue before the court was whether the Second and Third Respondents should be removed as parties to the proceedings. Ancillary to this, the court was required to determine the appropriate procedural steps for the remaining parties to particularise their claims and defences.
Kent J ordered the removal of the Second and Third Respondents as parties. The court further directed the applicant to file and serve points of claim within fourteen days, detailing the factual basis for the declaration sought in her amended initiating application. The First Respondent was then required to file and serve points of defence within a further fourteen days. The costs of this application were reserved to the trial judge.
The primary legal issue before the court was whether the Second and Third Respondents should be removed as parties to the proceedings. Ancillary to this, the court was required to determine the appropriate procedural steps for the remaining parties to particularise their claims and defences.
Kent J ordered the removal of the Second and Third Respondents as parties. The court further directed the applicant to file and serve points of claim within fourteen days, detailing the factual basis for the declaration sought in her amended initiating application. The First Respondent was then required to file and serve points of defence within a further fourteen days. The costs of this application were reserved to the trial judge.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Discovery
-
Procedural Fairness
-
Standing
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Olindo & Donati [2023] FedCFamC2F 1367
Cases Citing This Decision
6
Galante & Galante and Ors
[2019] FamCA 756
Bima & Anor and Minister for Immigration and Border Protection
[2014] FamCA 1094
Gee and Luxford and Anor
[2015] FCCA 2944
Cases Cited
0
Statutory Material Cited
2