Milton and Milton (No. 2)
Case
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[2013] FamCA 697
•10 May 2013
Details
AGLC
Case
Decision Date
Milton and Milton (No. 2) [2013] FamCA 697
[2013] FamCA 697
10 May 2013
CaseChat Overview and Summary
In *Milton and Milton (No. 2)*, Cronin J of the Family Court of Australia considered an application by the wife and the Independent Children’s Lawyer to proceed on an undefended basis. The proceedings concerned parenting and financial matters between the parties.
The primary legal issue before the court was whether to grant the application to proceed on an undefended basis. The court also had to determine variations to existing orders concerning the filing of documents and the release of a family consultant's report, as well as the allocation of costs.
Cronin J refused the application to proceed on an undefended basis. The court then proceeded to vary several previous orders made on 6 March 2013, primarily by adjusting dates for the filing of the husband's response, the wife's affidavit material, and the release of the family consultant's report. The court also ordered the husband to pay the Independent Children’s Lawyer’s and the wife’s costs thrown away on that day.
The primary legal issue before the court was whether to grant the application to proceed on an undefended basis. The court also had to determine variations to existing orders concerning the filing of documents and the release of a family consultant's report, as well as the allocation of costs.
Cronin J refused the application to proceed on an undefended basis. The court then proceeded to vary several previous orders made on 6 March 2013, primarily by adjusting dates for the filing of the husband's response, the wife's affidavit material, and the release of the family consultant's report. The court also ordered the husband to pay the Independent Children’s Lawyer’s and the wife’s costs thrown away on that day.
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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Procedural Fairness
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Appeal
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