KING & KING
Case
•
[2015] FamCA 569
•7 July 2015
Details
AGLC
Case
Decision Date
KING & KING [2015] FamCA 569
[2015] FamCA 569
7 July 2015
CaseChat Overview and Summary
In the matter of *King & King*, Bennett J considered a contravention application filed by the wife against the husband, Mr B King, and a separate contravention application filed by the husband against the wife. The proceedings also involved a third party, Ms N King.
The court was required to determine whether the husband had contravened previous court orders by failing to deliver his passport to the Court, and by failing to file and serve affidavits in compliance with specific paragraphs of orders made on 24 October 2014 and 24 February 2015. The court also considered the husband's contravention application against the wife, which was dismissed without determination on its merits.
Bennett J granted the wife leave to withdraw one count of her contravention application concerning the delivery of the husband's passport. However, the court found two other counts of the wife's application proved, relating to the husband's failure to file and serve affidavits as required by previous orders, specifically annexing a market appraisal and council valuation of his property. The husband was fined $500 for these contraventions, payable within 14 days. The court also ordered the husband to comply with the outstanding affidavit requirements within seven days, by 4:00 pm on 13 July 2015. The husband was ordered to contribute $1,250 towards the wife's costs. Further directions were made regarding property valuations, the filing of responses to applications, and the adjournment of proceedings.
The court was required to determine whether the husband had contravened previous court orders by failing to deliver his passport to the Court, and by failing to file and serve affidavits in compliance with specific paragraphs of orders made on 24 October 2014 and 24 February 2015. The court also considered the husband's contravention application against the wife, which was dismissed without determination on its merits.
Bennett J granted the wife leave to withdraw one count of her contravention application concerning the delivery of the husband's passport. However, the court found two other counts of the wife's application proved, relating to the husband's failure to file and serve affidavits as required by previous orders, specifically annexing a market appraisal and council valuation of his property. The husband was fined $500 for these contraventions, payable within 14 days. The court also ordered the husband to comply with the outstanding affidavit requirements within seven days, by 4:00 pm on 13 July 2015. The husband was ordered to contribute $1,250 towards the wife's costs. Further directions were made regarding property valuations, the filing of responses to applications, and the adjournment of proceedings.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Penalty
-
Procedural Fairness
-
Remedies
-
Consent
Actions
Download as PDF
Download as Word Document
Citations
KING & KING [2015] FamCA 569
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0