Malinda and Malinda

Case

[2010] FamCA 603

20 July 2010


Details
AGLC Case Decision Date
Malinda and Malinda [2010] FamCA 603 [2010] FamCA 603 20 July 2010

CaseChat Overview and Summary

In the matter of *Malinda and Malinda*, Justice Cronin of the Federal Circuit Court of Australia considered applications for final orders in proceedings between a husband and wife. The proceedings involved the distribution of property, and the court also addressed the joinder of a trustee as a party.

The court was required to determine whether the matter was ready for trial and to make orders concerning the joinder of the trustee, the filing and service of amended applications and responses by the parties, and the provision of interim distributions of property. Further issues included the timing for asking questions of a single expert and the liberty for the wife to file and serve a request for answers to specific questions.

Justice Cronin ordered that the applications for final orders be listed for mention to determine readiness for trial. The trustee for the Malinda Family Settlement was joined as a party to the proceedings. Directions were given for the wife to file and serve an amended application for final orders on both the husband and the trustee, and for the husband and the trustee to file and serve any amended responses. The court also ordered an interim distribution of property, requiring the husband to pay a total of $2.5 million to the wife's solicitors by specified dates. Additionally, the time for asking questions of the single expert was extended, and the wife was granted liberty to file and serve a request for answers to specific questions, with the husband to provide answers within a set timeframe.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Ruane and Bachmann-Ruane [2010] FamCA 514