Mansfield and Mansfield and Ors (No.3)
Case
•
[2018] FCCA 970
•2 May 2018
Details
AGLC
Case
Decision Date
Mansfield and Mansfield and Ors (No.3) [2018] FCCA 970
[2018] FCCA 970
2 May 2018
CaseChat Overview and Summary
In *Mansfield and Mansfield and Ors (No.3)*, heard before Judge Brown, the wife sought to join additional parties, including Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd, and Company 2 Pty Ltd, to existing proceedings. The wife also sought to join Trust A and Trust C to the proceedings and had made claims against Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd, and Company 2 Pty Ltd. The proceedings involved the removal of Trust A, Trust C, and the Mr Mansfield Senior Family Trust as parties.
The central legal issues before the court were whether the wife's applications to join the additional parties and to maintain her claims against them should be granted, and whether the trusts should be removed as parties to the proceedings. The court was required to determine the appropriate course of action regarding the joinder of third parties and the continued involvement of the trusts in the litigation.
Judge Brown dismissed the wife's application to join Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd, and Company 2 Pty Ltd as parties to the proceedings. Consequently, the wife's claims against these respondents were also dismissed. Furthermore, the court ordered that the joinder of Trust A and Trust C be discharged and that Trust A, Trust C, and the Mr Mansfield Senior Family Trust be removed as parties to the proceedings. The court then directed the second, third, fourth, and eighth respondents to file written submissions and supporting affidavits regarding costs within twenty-eight days, with the applicant wife to file any responsive submissions and affidavits within a further twenty-eight days. Further consideration of the matter was adjourned.
The central legal issues before the court were whether the wife's applications to join the additional parties and to maintain her claims against them should be granted, and whether the trusts should be removed as parties to the proceedings. The court was required to determine the appropriate course of action regarding the joinder of third parties and the continued involvement of the trusts in the litigation.
Judge Brown dismissed the wife's application to join Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd, and Company 2 Pty Ltd as parties to the proceedings. Consequently, the wife's claims against these respondents were also dismissed. Furthermore, the court ordered that the joinder of Trust A and Trust C be discharged and that Trust A, Trust C, and the Mr Mansfield Senior Family Trust be removed as parties to the proceedings. The court then directed the second, third, fourth, and eighth respondents to file written submissions and supporting affidavits regarding costs within twenty-eight days, with the applicant wife to file any responsive submissions and affidavits within a further twenty-eight days. Further consideration of the matter was adjourned.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
-
Equity & Trusts
Legal Concepts
-
Costs
-
Jurisdiction
-
Standing
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Dennell and Garron [2018] FCCA 3548
Cases Citing This Decision
2
Mansfield and Mansfield and Ors (No.4)
[2019] FCCA 318
DENNELL & GARRON
[2018] FCCA 3548
Cases Cited
3
Statutory Material Cited
5
Mansfield & Mansfield
[2016] FCCA 2233
Mansfield & Mansfield
[2017] FCCA 13
Rana v University of South Australia
[2004] FCA 559