Kitman and Kitman
Case
•
[2007] FamCA 822
•15 August 2007
Details
AGLC
Case
Decision Date
Kitman and Kitman [2007] FamCA 822
[2007] FamCA 822
15 August 2007
CaseChat Overview and Summary
The Full Court of the Family Court of Australia heard an appeal by the applicant against orders made by Monteith J on 27 September 2006. The dispute concerned financial matters between the parties.
The primary legal issue before the Full Court was whether the orders made by Monteith J were appropriate and should be upheld, varied, or set aside. This involved a review of the financial provisions ordered by the primary judge.
The Full Court allowed the appeal, finding that variations to the original orders were necessary. The court varied specific monetary sums relating to payments and substituted certain payment terms. Orders 3 and 4 of the original orders were set aside. The court also granted costs certificates to both the appellant and the respondent under the Federal Proceedings (Costs) Act 1981 (Cth), indicating that it was appropriate for the Attorney-General to authorise payments in respect of costs incurred by each party on the appeal.
The primary legal issue before the Full Court was whether the orders made by Monteith J were appropriate and should be upheld, varied, or set aside. This involved a review of the financial provisions ordered by the primary judge.
The Full Court allowed the appeal, finding that variations to the original orders were necessary. The court varied specific monetary sums relating to payments and substituted certain payment terms. Orders 3 and 4 of the original orders were set aside. The court also granted costs certificates to both the appellant and the respondent under the Federal Proceedings (Costs) Act 1981 (Cth), indicating that it was appropriate for the Attorney-General to authorise payments in respect of costs incurred by each party on the appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Appeal
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Costs
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Remedies
Actions
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Citations
Kitman and Kitman [2007] FamCA 822
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
HARRIS & HARRIS
[2012] FamCA 987
Bolitho & Cohen
[2005] FamCA 458
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[1981] HCA 39