KLD and SCVG

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Procedural Fairness

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