Kappas and Kappas (No.2)

Case

[2016] FCCA 1854

14 July 2016


Details
AGLC Case Decision Date
Kappas and Kappas (No.2) [2016] FCCA 1854 [2016] FCCA 1854 14 July 2016

CaseChat Overview and Summary

In *Kappas and Kappas (No.2)*, heard by Judge Harland, the dispute concerned the husband's failure to comply with a previous court order, specifically Order 15 made on 19 April 2016. This non-compliance prevented a conciliation conference from proceeding.

The primary legal issue before the court was the extent of the husband's efforts to comply with Order 15 and to produce documents as previously directed. The court was required to determine whether the husband had made sufficient efforts and to assess what documents, if any, were within his control and possession.

Judge Harland ordered the husband to file an affidavit within 21 days detailing his efforts to comply with Order 15 and to annex any documents he possessed. The court stipulated that if the husband failed to comply with this new order, the hearing would proceed on an undefended basis on 7 September 2016. The husband was also ordered to pay the wife's costs fixed at $930.00 within 21 days.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

Actions
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Most Recent Citation
KAPPAS & KAPPAS [2018] FamCAFC 61

Cases Citing This Decision

2

Kappas and Kappas (No.3) [2017] FCCA 577
KAPPAS & KAPPAS [2018] FamCAFC 61
Cases Cited

1

Statutory Material Cited

2

Weir v Weir [2016] NZHC 1920