McElvery and McElvery (No 2)
Case
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[2009] FamCA 1269
•18 December 2009
Details
AGLC
Case
Decision Date
McElvery and McElvery (No 2) [2009] FamCA 1269
[2009] FamCA 1269
18 December 2009
CaseChat Overview and Summary
In *McElvery and McElvery (No 2)*, Murphy J of the Family Court of Australia considered an application concerning financial matters between the parties. The dispute involved the division of assets and the procedural steps required to advance the proceedings towards a final resolution.
The court was required to determine the appropriate forum for the final hearing of the matter, the immediate distribution of funds to the parties, and the method by which such distributions should be treated in the context of property settlement proceedings. Further issues included the completion of the disclosure process, the valuation of real property, and the granting of leave to issue subpoenas.
Murphy J ordered that the matter be transferred to the Federal Magistrates Court at Brisbane for a final hearing, with a request for expedited scheduling. The court also directed that each party receive $35,000 from a joint trust account, with the treatment of these sums and their expenditure to be determined by the trial Federal Magistrate. Directions were also made regarding the completion of disclosure, the valuation of real property by a single expert, and the wife's application for leave to issue subpoenas, with certain aspects of the subpoena applications adjourned.
The court was required to determine the appropriate forum for the final hearing of the matter, the immediate distribution of funds to the parties, and the method by which such distributions should be treated in the context of property settlement proceedings. Further issues included the completion of the disclosure process, the valuation of real property, and the granting of leave to issue subpoenas.
Murphy J ordered that the matter be transferred to the Federal Magistrates Court at Brisbane for a final hearing, with a request for expedited scheduling. The court also directed that each party receive $35,000 from a joint trust account, with the treatment of these sums and their expenditure to be determined by the trial Federal Magistrate. Directions were also made regarding the completion of disclosure, the valuation of real property by a single expert, and the wife's application for leave to issue subpoenas, with certain aspects of the subpoena applications adjourned.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Expert Evidence
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Jurisdiction
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Remedies
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Stay of Proceedings
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