Neville and Neville
Case
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[2009] FamCA 1211
•27 November 2009
Details
AGLC
Case
Decision Date
Neville and Neville [2009] FamCA 1211
[2009] FamCA 1211
27 November 2009
CaseChat Overview and Summary
In the matter of *Neville and Neville*, the Honourable Justice Rose considered an application for leave to bring an Application in a Case and a review of orders previously made by Judicial Registrar Johnston. The dispute concerned property settlement proceedings between the parties.
The court was required to determine whether to grant leave for the wife to proceed with her Application in a Case, and whether to review the earlier orders made by the Judicial Registrar. The court also had to make directions regarding the further conduct of the proceedings, including the filing and service of affidavits, financial statements, and the disclosure of documents.
Justice Rose granted the application for leave to bring an Application in a Case. However, the application for a review of the Judicial Registrar's orders was dismissed. The court then issued detailed directions for the parties to file and serve affidavits and an updated financial statement by 4 December 2009. Further directions were made for the parties to provide written notice of all documents and information not previously disclosed, and to make these documents available for inspection by 11 December 2009. Liberty was granted to apply to vary these directions, including for the calling of additional expert witnesses, upon three days' written notice. The wife was ordered to pay the husband's costs of her Application in a Case in the sum of $1,165.00, with the terms of payment to be fixed by the Judicial Registrar upon determination of the substantive property settlement proceedings.
The court was required to determine whether to grant leave for the wife to proceed with her Application in a Case, and whether to review the earlier orders made by the Judicial Registrar. The court also had to make directions regarding the further conduct of the proceedings, including the filing and service of affidavits, financial statements, and the disclosure of documents.
Justice Rose granted the application for leave to bring an Application in a Case. However, the application for a review of the Judicial Registrar's orders was dismissed. The court then issued detailed directions for the parties to file and serve affidavits and an updated financial statement by 4 December 2009. Further directions were made for the parties to provide written notice of all documents and information not previously disclosed, and to make these documents available for inspection by 11 December 2009. Liberty was granted to apply to vary these directions, including for the calling of additional expert witnesses, upon three days' written notice. The wife was ordered to pay the husband's costs of her Application in a Case in the sum of $1,165.00, with the terms of payment to be fixed by the Judicial Registrar upon determination of the substantive property settlement proceedings.
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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Appeal
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Costs
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Discovery
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Procedural Fairness
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Remedies
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Citations
Neville and Neville [2009] FamCA 1211
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
3