Heng and Long and Ors

Case

[2018] FamCA 682

6 September 2018


Details
AGLC Case Decision Date
Heng and Long and Ors [2018] FamCA 682 [2018] FamCA 682 6 September 2018

CaseChat Overview and Summary

The case of *Heng and Long* involved applications by the Applicant Wife and the First Respondent Husband for interim orders, as well as applications to discharge existing orders concerning the parties' son and daughter. The proceedings were before Justice Forrest. The dispute centred on property adjustment and parenting matters.

The court was required to determine whether to grant the interim orders sought by both parties, and whether to discharge existing orders relating to the children. Further, the court needed to establish directions for the progression of the case towards trial, including the filing of specific affidavits, the preparation of a joint balance sheet, and the submission of case outlines.

Justice Forrest dismissed the applications for interim orders made by both the Applicant Wife and the First Respondent Husband. The court also ordered the discharge of specific paragraphs from previous orders concerning the parties' son and daughter, to take effect as each child finished school in 2018. The court then set out detailed directions for the parties to file affidavits addressing specific claims regarding an insurance policy payout and beneficial interests in a property, and for the First Respondent Husband to keep the Applicant Wife's solicitors informed about a property purchase. A trial was scheduled for February 2019, with directions for the filing of further affidavits, a joint balance sheet, and case outlines. A compliance hearing was also scheduled.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

4

Gao v Zhu [2002] VSC 64
Luxton v Vines [1952] HCA 19
Jones v Dunkel [1959] HCA 9