Krik and Kirk and Ors

Case

[2011] FamCA 23

24 JANUARY 2011


Details
AGLC Case Decision Date
Krik and Kirk and Ors [2011] FamCA 23 [2011] FamCA 23 24 JANUARY 2011

CaseChat Overview and Summary

The proceedings involved the wife, the husband, and two other respondents. The dispute concerned financial and property issues, with the court being the Supreme Court of New South Wales, presided over by Young J.

The primary legal issues before the court were the procedural steps required to advance the financial and property settlement, including the filing of responses and affidavits by the second and third respondents. Additionally, the court was required to determine the process for obtaining expert financial advice and the preparation of a joint statement from accountants regarding the parties' assets and liabilities. The court also needed to address the preparation of balance sheets for the adjourned hearing and the reservation of costs.

Young J ordered the second and third respondents to file and serve specific documents, including responses to the wife's applications and an affidavit in reply, by a specified date. The court also directed the husband and wife, through their solicitors, to ensure their personal accountants and an independent expert accountant confer on the parties' financial matters and prepare a joint statement by a set deadline. This statement was to identify agreed and disputed issues, including unaccounted funds and assets. The court further ordered that all costs of the hearing be reserved until the adjourned date and that each party prepare and serve a one-page balance sheet of their financial position for the adjourned hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

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