Nghiem and Truong and Ors
Case
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[2015] FamCA 2
•7 January 2015
Details
AGLC
Case
Decision Date
Nghiem and Truong and Ors [2015] FamCA 2
[2015] FamCA 2
7 January 2015
CaseChat Overview and Summary
In the matter of *Nghiem and Truong and Ors*, heard by Cronin J, the parties sought final orders. The proceedings involved applications and responses for final orders that were listed for hearing on 27 January 2015.
The court was required to determine the appropriate course of action regarding the listed hearing and the extant applications for final orders, considering the readiness of the parties for trial and compliance with filing directions. The court also considered the costs of the hearing and the reasonableness of engaging counsel.
Cronin J ordered that the hearing on 27 January 2015 be vacated. All extant applications and responses for final orders were to be struck out of the list for relisting, contingent upon certification by the respective parties to the registrar that they were ready for a final hearing and had complied with all filing directions. The relisting of the matter for a final hearing was to be at the discretion of the case management judge, Bennett J. Both parties were granted liberty to apply to the case management judge if either asserted that the other was not making endeavours to get ready for trial, or if interlocutory orders were necessary. The costs of both parties for that day were reserved. It was certified that, pursuant to Order 19.50 of the Family Law Rules 2004, it was reasonable to engage counsel to attend.
The court was required to determine the appropriate course of action regarding the listed hearing and the extant applications for final orders, considering the readiness of the parties for trial and compliance with filing directions. The court also considered the costs of the hearing and the reasonableness of engaging counsel.
Cronin J ordered that the hearing on 27 January 2015 be vacated. All extant applications and responses for final orders were to be struck out of the list for relisting, contingent upon certification by the respective parties to the registrar that they were ready for a final hearing and had complied with all filing directions. The relisting of the matter for a final hearing was to be at the discretion of the case management judge, Bennett J. Both parties were granted liberty to apply to the case management judge if either asserted that the other was not making endeavours to get ready for trial, or if interlocutory orders were necessary. The costs of both parties for that day were reserved. It was certified that, pursuant to Order 19.50 of the Family Law Rules 2004, it was reasonable to engage counsel to attend.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Procedural Fairness
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Jurisdiction
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Remedies
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Citations
Nghiem and Truong and Ors [2015] FamCA 2
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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