Hawkins and Hawkins (No. 2)

Case

[2015] FamCA 735

8 September 2015


Details
AGLC Case Decision Date
Hawkins and Hawkins (No. 2) [2015] FamCA 735 [2015] FamCA 735 8 September 2015

CaseChat Overview and Summary

In *Hawkins and Hawkins (No. 2)*, the parties were husband and wife, and the dispute concerned property settlement and related procedural matters within the Family Court of Australia. The proceedings before Kent J involved the sale of a property and the disclosure of financial information, particularly concerning superannuation.

The court was required to determine several issues, including the appointment of a registrar to execute sale and transfer documentation for a property in the event of the wife's default, the inspection and copying of documents produced by subpoena, the vacation of a subpoena hearing, and the husband's obligation to provide an affidavit detailing all transactions relating to superannuation funds since separation, supported by relevant bank statements. Furthermore, the court considered the wife's application for litigation funding.

Kent J made orders pursuant to section 106A of the *Family Law Act 1975* (Cth) appointing a Registrar to execute the contract of sale and transfer documents for the property at B Street, Suburb C, Queensland, in default by the wife. The court also permitted parties to inspect and copy subpoenaed documents, vacated a scheduled subpoena hearing, and ordered the husband to file and serve an affidavit detailing his superannuation transactions since separation by a specified date, attaching supporting bank statements. Leave was granted to the wife to file and serve an application for litigation funding and a list of supporting documents, with this application to be heard by Justice Kent on a future date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Discovery

  • Injunction

  • Costs

Actions
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Most Recent Citation
HAWKINS & HAWKINS [2016] FamCA 440

Cases Citing This Decision

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HAWKINS & HAWKINS [2016] FamCA 440
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