Jenkins and Lowe

Case

[2012] FamCA 437

4 June 2012


Details
AGLC Case Decision Date
JENKINS & LOWE [2012] FamCA 437 [2012] FamCA 437 4 June 2012

CaseChat Overview and Summary

This matter concerned an application by Mr Lowe, which was dismissed by Young J. The court also made several orders regarding the filing of documents, a financial conciliation conference, the exchange of offers to resolve disputes, and the listing of a defended hearing.

The primary legal issue before the court was the determination of Mr Lowe's application. In addition, the court was required to consider various procedural and substantive matters to facilitate the resolution of the financial and other issues in dispute between the parties, including adult child maintenance.

Young J's reasoning, as reflected in the orders, indicates a procedural approach aimed at encouraging settlement and preparing the matter for a defended hearing. The court granted leave for Mr Lowe's affidavit and supporting affidavit to be filed, amended a filing date, and mandated attendance at a financial conciliation conference with a bona fide endeavour to resolve all issues. The court also ordered the exchange of without prejudice offers to settle property and adult child maintenance proceedings. Costs of the conciliation conference were reserved, and the matter was confirmed for a defended hearing. Mr Lowe was ordered to pay the applicant's costs of the day.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

  • Stay of Proceedings

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