Jacobova & Stein (No 2)
Case
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[2017] FamCA 643
•2 August 2017
Details
AGLC
Case
Decision Date
Jacobova & Stein (No 2) [2017] FamCA 643
[2017] FamCA 643
2 August 2017
CaseChat Overview and Summary
In *Jacobova & Stein (No 2)*, Johns J of the Federal Circuit Court of Australia considered applications by the parties in a family law proceeding. The specific dispute before the court concerned the variation of existing orders and the adjournment of further applications.
The primary legal issue before the court was whether to vary an existing court order regarding the duration of certain provisions, and to determine the future procedural steps for the outstanding applications. This involved considering the appropriate mechanism for continuing court oversight and managing the progression of the case.
Johns J ordered that a specific paragraph of previous orders be varied to extend the operative period from "until the adjourned date" to "until further order of the Court". This variation provides greater flexibility and ensures that the provisions remain in effect until a new court determination is made. Furthermore, all extant applications were adjourned to a directions hearing to be scheduled after a specified date, indicating a need for further case management. The court also ordered the husband to pay the wife's costs for the day in the sum of $1800.
The primary legal issue before the court was whether to vary an existing court order regarding the duration of certain provisions, and to determine the future procedural steps for the outstanding applications. This involved considering the appropriate mechanism for continuing court oversight and managing the progression of the case.
Johns J ordered that a specific paragraph of previous orders be varied to extend the operative period from "until the adjourned date" to "until further order of the Court". This variation provides greater flexibility and ensures that the provisions remain in effect until a new court determination is made. Furthermore, all extant applications were adjourned to a directions hearing to be scheduled after a specified date, indicating a need for further case management. The court also ordered the husband to pay the wife's costs for the day in the sum of $1800.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Appeal
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Remedies
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Citations
Jacobova & Stein (No 2) [2017] FamCA 643
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