Jinson and Fletcher (No 2)
Case
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[2015] FamCA 1153
•18 December 2015
Details
AGLC
Case
Decision Date
Jinson and Fletcher (No 2) [2015] FamCA 1153
[2015] FamCA 1153
18 December 2015
CaseChat Overview and Summary
In proceedings before Cronin J, the parties, Jinson and Fletcher, were engaged in a family law dispute. The central issue before the court was an application for an adjournment of the final hearing, which was scheduled for 18 January 2016, due to ongoing discovery processes. The court was also required to consider the wife's application filed on 16 December 2015 and the matter of costs.
The court was tasked with determining whether the final hearing should be adjourned to allow for further discovery, and if so, on what terms. It also needed to decide the fate of the wife's application filed in December 2015 and to make orders regarding the costs of the proceedings.
Cronin J reasoned that for an adjournment to be granted in circumstances where discovery was still being pursued, it was important for the party seeking the adjournment to explain any delay and to demonstrate the relevance of the documents being sought. The court ultimately vacated the final hearing and listed outstanding applications for an interim hearing on 17 February 2016. The wife was ordered to serve a list of required documents within 21 days, with the husband to provide them for inspection within 10 days thereafter, subject to any objections to be determined on the return date. The wife's application filed on 16 December 2015 was dismissed, and the wife was ordered to pay the husband's costs fixed at $5000.
The court was tasked with determining whether the final hearing should be adjourned to allow for further discovery, and if so, on what terms. It also needed to decide the fate of the wife's application filed in December 2015 and to make orders regarding the costs of the proceedings.
Cronin J reasoned that for an adjournment to be granted in circumstances where discovery was still being pursued, it was important for the party seeking the adjournment to explain any delay and to demonstrate the relevance of the documents being sought. The court ultimately vacated the final hearing and listed outstanding applications for an interim hearing on 17 February 2016. The wife was ordered to serve a list of required documents within 21 days, with the husband to provide them for inspection within 10 days thereafter, subject to any objections to be determined on the return date. The wife's application filed on 16 December 2015 was dismissed, and the wife was ordered to pay the husband's costs fixed at $5000.
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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Procedural Fairness
Actions
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
K & K
[2008] FamCA 957
Strahan & Strahan (Interim Financial Orders)
[2010] FamCA 423