Malloy and Malloy

Case

[2008] FamCA 1248

4 March 2008


Details
AGLC Case Decision Date
Malloy and Malloy [2008] FamCA 1248 [2008] FamCA 1248 4 March 2008

CaseChat Overview and Summary

In the matter of *Malloy and Malloy*, Justice Mushin of the Family Court of Australia considered applications made by the parties concerning their matrimonial dispute. The proceedings involved applications to be included in the court's docket and adjourned for a Less Adversarial Trial.

The court was required to determine the procedural steps necessary for the efficient resolution of the matter, including the appointment of experts, the conduct of assessments, and the scheduling of conferences and hearings. Key issues included the valuation of the husband's business interests, the preparation of an Issues Assessment by a Family Consultant, and the provision of financial information by both parties.

Justice Mushin ordered that all applications be included in his docket and adjourned the matter for a Less Adversarial Trial on 6 May 2008. The parties were directed to attend interviews with a Family Consultant on 11 March 2008, and a chartered accountant was appointed as a single expert witness to value the husband's interest in N Pty Ltd, with the report to be provided by 7 April 2008. The costs of this report were to be borne from borrowings on the former matrimonial home, with ultimate disposition reserved to the Trial Judge. Further directions included attendance at a Financial Conciliation Conference on 8 April 2008, filing of completed questionnaires by 29 April 2008, and interim spousal maintenance of $1800 per month payable by the husband to the wife. Liberty was reserved to all parties regarding the treatment of interim maintenance and all other questions, including costs. The court certified that the matter reasonably required the attendance of counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Expert Evidence

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0