Lockie and Lockie

Case

[2007] FamCA 1726

5 July 2007


Details
AGLC Case Decision Date
Lockie and Lockie [2007] FamCA 1726 [2007] FamCA 1726 5 July 2007

CaseChat Overview and Summary

In the matter of Lockie, Mushin J of the Family Court of Australia considered applications concerning the valuation of the husband's pension entitlements in France. The dispute centred on the procedural steps required to obtain information from French pension funds and the subsequent valuation of these entitlements.

The court was required to determine whether to make orders for the parties to jointly request information from French pension funds, arrange for translations of correspondence, and share the costs associated with these steps. Additionally, the court had to consider applications seeking orders for the valuation of the husband's entitlements.

Mushin J reasoned that it was necessary to obtain the information from the French pension funds before any valuation could be undertaken. Accordingly, the court ordered the parties to sign a joint letter of request to the pension funds, arrange for its translation into French, and forward it to the addressees. The court further ordered that upon receipt of responses, the parties were to procure their translation into English. The costs of compliance with these orders were to be shared equally between the parties, with ultimate disposition of costs and compliance reserved to the trial judge. Applications seeking orders for the valuation of the husband's entitlements were dismissed. Liberty to apply was reserved to both parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Procedural Fairness

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