KLD and SCVG
Case
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[2018] FamCA 735
•17 September 2018
Details
AGLC
Case
Decision Date
KLD and SCVG [2018] FamCA 735
[2018] FamCA 735
17 September 2018
CaseChat Overview and Summary
In the matter of KLD and SCVG, Gill J of the Supreme Court of New South Wales was required to determine an application concerning the proper particularisation of claims made by an applicant against a respondent. The precise nature of the underlying dispute between KLD and SCVG was not detailed, but the application before the Court concerned the procedural steps required to advance those claims.
The central legal issue before the Court was the extent to which an applicant must particularise the claims they intend to pursue against a respondent, specifically in relation to the legal and equitable bases for those claims. This involved considering the requirements for pleadings in the Supreme Court of New South Wales.
Gill J ordered that the applicant must, within 28 days, file and serve a document that clearly sets out the claims being made against the respondent. This document must specify the legal and equitable grounds upon which those claims are founded, and it must be in the form of a Statement of Claim, consistent with the rules of the Supreme Court of New South Wales.
The central legal issue before the Court was the extent to which an applicant must particularise the claims they intend to pursue against a respondent, specifically in relation to the legal and equitable bases for those claims. This involved considering the requirements for pleadings in the Supreme Court of New South Wales.
Gill J ordered that the applicant must, within 28 days, file and serve a document that clearly sets out the claims being made against the respondent. This document must specify the legal and equitable grounds upon which those claims are founded, and it must be in the form of a Statement of Claim, consistent with the rules of the Supreme Court of New South Wales.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Remedies
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Procedural Fairness
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Citations
KLD and SCVG [2018] FamCA 735
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