Jennings and Reeves (No.2)
Case
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[2018] FCCA 3601
•5 November 2018
Details
AGLC
Case
Decision Date
Jennings and Reeves (No.2) [2018] FCCA 3601
[2018] FCCA 3601
5 November 2018
CaseChat Overview and Summary
In *Jennings and Reeves (No.2)*, Judge Harman of the Family Court of Australia considered applications and responses filed by the parties, the nature of which is not specified beyond the fact that they were outstanding and awaiting hearing. The dispute concerned matters that had been listed for determination by the court.
The primary legal issue before the court was the disposition of the outstanding applications and responses, and consequently, the removal of the matters from the court's hearing list. The court was also required to determine the appropriate procedure for the return or destruction of exhibits and other material produced to the court.
Judge Harman ordered that all outstanding applications and responses be withdrawn and dismissed, thereby removing all issues from the list of matters awaiting hearing. The court further ordered that, upon the expiration of the appeal period and in the absence of any appeal being lodged, all exhibits be returned to the party who tendered them. Additionally, any material produced on subpoena or pursuant to section 69ZW of the *Family Law Act 1975* was to be returned to its producer or securely destroyed.
The primary legal issue before the court was the disposition of the outstanding applications and responses, and consequently, the removal of the matters from the court's hearing list. The court was also required to determine the appropriate procedure for the return or destruction of exhibits and other material produced to the court.
Judge Harman ordered that all outstanding applications and responses be withdrawn and dismissed, thereby removing all issues from the list of matters awaiting hearing. The court further ordered that, upon the expiration of the appeal period and in the absence of any appeal being lodged, all exhibits be returned to the party who tendered them. Additionally, any material produced on subpoena or pursuant to section 69ZW of the *Family Law Act 1975* was to be returned to its producer or securely destroyed.
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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Appeal
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Costs
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
4
Allesch v Maunz
[2000] HCA 40
Stanford v Stanford
[2012] HCA 52