Mairie & Malak (No 2)

Case

[2011] FamCA 1051

12 September 2011


Details
AGLC Case Decision Date
MAIRIE & MALAK (NO. 2) [2011] FamCA 1051 [2011] FamCA 1051 12 September 2011

CaseChat Overview and Summary

In the matter of *Mairie & Malak (No 2)*, heard before Cronin J, the dispute concerned ongoing applications between the parties, identified as the father and the mother. The specific nature of the underlying dispute is not detailed, but the orders indicate a continuing family law proceeding with applications for both interim and final orders.

The court was required to determine the future conduct of the proceedings, specifically concerning the adjournment of outstanding applications, the discharge of certain prior orders, and the continuation or variation of another specific order. Additionally, the court needed to set timelines for the filing and service of further applications and responses by the father and mother, respectively.

Cronin J ordered that all outstanding applications be adjourned to a specific date for a half-day interim fixture. The court also discharged paragraphs 5(k) to (m) of previous orders made on 8 April 2009. The issue of whether paragraph 6 of those same orders should continue or be varied was designated for the upcoming hearing, along with any other applications the father wished to bring. Strict deadlines were imposed for the father to file and serve any proposed final and interim applications, and for the mother to file and serve any responses. The father was also ordered to pay the mother's costs thrown away on the day of the hearing, including preparation and counsel attendance costs, with costs to be agreed or assessed. The court certified that engaging counsel was reasonable pursuant to the Family Law Rules 2004.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

  • Stay of Proceedings

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