Kellner and Kellner and Anor

Case

[2018] FamCA 359

17 January 2018


Details
AGLC Case Decision Date
Kellner and Kellner and Anor [2018] FamCA 359 [2018] FamCA 359 17 January 2018

CaseChat Overview and Summary

In the matter of *Kellner and Kellner and Anor*, Strickland J of the Supreme Court of Queensland was required to determine whether to proceed with an application on an undefended basis against the Second Respondent. The Applicant sought specific orders against the Second Respondent, and the central issue was whether the proceedings could advance without the Second Respondent's active participation or defence.

The court's primary task was to consider the implications of the Second Respondent's non-engagement with the proceedings. This involved assessing whether the Applicant had met the necessary threshold to have the orders sought granted in the absence of opposition from the Second Respondent. The court had to be satisfied that proceeding undefended was appropriate and just in the circumstances.

Strickland J ordered that the matter proceed on an undefended basis concerning the Second Respondent and the orders sought by the Applicant against her. This indicates that the court was satisfied that the Applicant had established grounds for the orders to be made without the need for further submissions or evidence from the Second Respondent. The precise form of the final order was noted as being subject to the formal entry of the court's record.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

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