Kidd & Kidd

Case

[2013] FCCA 684

28 June 2013


Details
AGLC Case Decision Date
KIDD & KIDD [2013] FCCA 684 [2013] FCCA 684 28 June 2013

CaseChat Overview and Summary

In *Kidd & Kidd*, heard by Judge Scarlett, the dispute concerned an application by the husband for an interim property order to release funds from a joint bank account to meet his anticipated legal costs. The wife was the respondent in this application.

The primary legal issue before the court was whether to grant an interim property order for the husband to access $95,000 from the proceeds of sale of the former matrimonial home, held in the wife's name, to fund his legal representation. The court also made observations regarding the expectations of practitioners in the Federal Circuit Court concerning compliance checks.

Judge Scarlett reasoned that the husband had demonstrated a need for the funds to ensure his proper participation in the proceedings. The court ordered the release of $95,000 from the specified bank account to the husband's legal representatives' trust account. The Response to an Application in a Case filed by the wife on 2 May 2013 was dismissed. Any application for costs was to be made within twenty-eight days of the orders, with a further fourteen days for any opposing submissions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document

Most Recent Citation
KIDD & KIDD [2013] FCCA 1532

Cases Citing This Decision

2

KIDD & KIDD [2014] FCCA 46
Kidd and Kidd [2013] FCCA 1532
Cases Cited

1

Statutory Material Cited

2