Mulcahy and Panchal and Anor

Case

[2015] FamCA 882

21 October 2015


Details
AGLC Case Decision Date
Mulcahy and Panchal and Anor [2015] FamCA 882 [2015] FamCA 882 21 October 2015

CaseChat Overview and Summary

In the matter of *Mulcahy and Panchal and Anor*, heard before Cronin J, the court considered an application and a response thereto concerning various proposed orders. The dispute involved the determination and adjournment of specific paragraphs within these filings, with a view to a final hearing.

The court was required to determine the appropriate course of action for several discrete issues raised in the parties' applications and responses. These included whether certain paragraphs should be dismissed, adjourned to a final hearing, or determined by way of written submissions. The court also had to consider the reasonableness of engaging counsel for the proceedings.

Cronin J ordered that paragraph 7 of the application be dismissed. Paragraphs 8 and 9 of the application, along with paragraphs 2, 3, and 4 of the response, were adjourned to the final hearing scheduled for 1 February 2016, with liberty to apply for reinstatement. Paragraph 10 of the application and paragraph 5 of the response were to be determined by written submissions, with specific deadlines set for their filing and service, and this determination would occur in chambers. Finally, paragraphs 3 to 6 of the application were adjourned to be consolidated at the final hearing. The court also certified that it was reasonable to engage counsel.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Stay of Proceedings

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1