JENNER & DESMOND
Case
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[2015] FamCA 1056
•12 November 2015
Details
AGLC
Case
Decision Date
JENNER & DESMOND [2015] FamCA 1056
[2015] FamCA 1056
12 November 2015
CaseChat Overview and Summary
In the Family Court of Australia, Benjamin J considered applications by a de facto husband and a de facto wife. The de facto husband sought the release of funds held in a trust account for the payment of outstanding invoices, while the de facto wife sought disclosure of documents.
The court was required to determine the extent of disclosure necessary from the second respondent regarding livestock acquired and managed by her, including documentation related to acquisition, subsequent purchases and sales, and lease arrangements. Additionally, the court needed to address the valuation of dairy livestock under the control of the de facto husband, and other livestock at specific past dates and the present time. The court also had to consider the payment of outstanding invoices from funds held in a trust account.
Benjamin J ordered the second respondent to file and serve a response and an affidavit of discovery detailing her dealings with livestock. The court appointed single experts to value the dairy livestock and other livestock at relevant times. The costs of these valuations were to be paid from frozen funds, with both parties directed to provide necessary authorities for such payments. The court further ordered the release of a specified sum from the frozen funds to pay an outstanding invoice. Costs were reserved.
The court was required to determine the extent of disclosure necessary from the second respondent regarding livestock acquired and managed by her, including documentation related to acquisition, subsequent purchases and sales, and lease arrangements. Additionally, the court needed to address the valuation of dairy livestock under the control of the de facto husband, and other livestock at specific past dates and the present time. The court also had to consider the payment of outstanding invoices from funds held in a trust account.
Benjamin J ordered the second respondent to file and serve a response and an affidavit of discovery detailing her dealings with livestock. The court appointed single experts to value the dairy livestock and other livestock at relevant times. The costs of these valuations were to be paid from frozen funds, with both parties directed to provide necessary authorities for such payments. The court further ordered the release of a specified sum from the frozen funds to pay an outstanding invoice. Costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Discovery
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Costs
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Expert Evidence
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Jurisdiction
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Procedural Fairness
Actions
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Citations
JENNER & DESMOND [2015] FamCA 1056
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
3