Ortona and Peters (No 3)

Case

[2015] FamCA 804

7 July 2015


Details
AGLC Case Decision Date
Ortona and Peters (No 3) [2015] FamCA 804 [2015] FamCA 804 7 July 2015

CaseChat Overview and Summary

In *Ortona and Peters (No 3)*, Justice Macmillan of the Family Court of Australia considered orders relating to the sale of property and the filing of further documents. The dispute concerned the mother's obligation to sign an authority to appoint a selling agent for certain properties, and the father's subsequent actions in relation to this and other procedural matters.

The court was required to determine the precise mechanism for authorising the sale of the properties, particularly in circumstances where the mother might fail to provide the necessary authorisation. Additionally, the court addressed the timeline for the father to file amended applications and supporting affidavits concerning information from a blog, and the mother's subsequent response.

Justice Macmillan ordered that the mother was to sign and deliver a specific letter authorising the appointment of a selling agent by 4.00 pm on 14 July 2015. In the event the father did not receive this authority by that time, a Registrar of the Melbourne Registry was to be appointed to sign the authority in lieu of the mother, subject to the father confirming non-receipt in writing. Further, the court provided a mechanism for Registrars to sign documents if the mother failed to do so within seven days of a written request from the father, requiring the father to file an affidavit detailing the request, the document, and the mother's failure to sign. The father was also ordered to file and serve any amended application and supporting affidavit concerning blog information by 4.00 pm on 14 July 2015, with the mother to file and serve her response and replying affidavit by 4.00 pm on 21 July 2015. The father's application filed on 26 May 2015 was adjourned for mention on 28 July 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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