Kappas and Kappas (No.2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Procedural Fairness
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Remedies
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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