Masters and Parsons and Ors (No 2)

Case

[2013] FamCA 1111

17 May 2013


Details
AGLC Case Decision Date
Masters and Parsons and Ors (No 2) [2013] FamCA 1111 [2013] FamCA 1111 17 May 2013

CaseChat Overview and Summary

This matter came before Justice Loughnan concerning property proceedings between a husband and wife, with the added complexity of claims by interveners under section 79A and/or Part VIIIA of the *Family Law Act 1975* (Cth). The proceedings also involved applications for the appointment of a Case Guardian for one of the parties.

The court was required to determine the procedural steps necessary to advance the substantive property proceedings and the applications concerning the Case Guardian. This included setting timelines for the filing and service of applications, responses, affidavit evidence, expert reports, and case outlines, as well as addressing objections to evidence and the preparation of agreed financial statements. The court also needed to consider the adjournment of subpoenas issued to various entities.

Justice Loughnan made a series of orders to manage the progression of the litigation. These orders established specific dates for various filings and hearings, including a hearing on 20 September 2013 concerning the Case Guardian applications and the adjourned subpoenas, and a five-day hearing commencing on 10 March 2014 for the substantive property proceedings and intervener claims. The court also directed parties to agree on single experts where applicable and to provide detailed case outlines and agreed balance sheets to facilitate the efficient conduct of the hearings. Leave was granted for the husband to attend the September hearing by electronic means.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

  • Costs

  • Remedies

  • Jurisdiction

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