Palau & Ors and Palau & Anor
Case
•
[2017] FamCA 961
•28 November 2017
Details
AGLC
Case
Decision Date
Palau & Ors and Palau & Anor [2017] FamCA 961
[2017] FamCA 961
28 November 2017
CaseChat Overview and Summary
In the Family Court of Australia, His Honour Justice Carew considered an application by Mr A Palau, Mr Dylan, and B Pty Ltd seeking to be joined as interveners to proceedings between Mr D Palau and another party. The primary dispute involved Mr D Palau's claim against these proposed interveners, which was to be particularised in an amended initiating application and statement of claim.
The court was required to determine whether to grant the interveners leave to join the proceedings and to establish the procedural steps for the subsequent pleadings. Additionally, the court had to consider specific paragraphs of an existing application filed by Mr D Palau, deciding which should be adjourned to trial and which should be dismissed.
Justice Carew ordered that the interveners be joined to the proceedings pursuant to Rule 6.02 of the Family Law Rules 2004 (Cth). The court directed Mr D Palau to file and serve an amended initiating application and statement of claim detailing his claims against the interveners by 31 January 2018. The interveners were then required to file and serve their response and defence by 28 February 2018.
The court further ordered that paragraphs 8, 9, and 10 of Mr D Palau's amended application be adjourned to the trial judge, while paragraph 11 of that application was dismissed. The application in a case filed on 24 November 2017 was otherwise dismissed, as were any extant applications for interim orders.
The court was required to determine whether to grant the interveners leave to join the proceedings and to establish the procedural steps for the subsequent pleadings. Additionally, the court had to consider specific paragraphs of an existing application filed by Mr D Palau, deciding which should be adjourned to trial and which should be dismissed.
Justice Carew ordered that the interveners be joined to the proceedings pursuant to Rule 6.02 of the Family Law Rules 2004 (Cth). The court directed Mr D Palau to file and serve an amended initiating application and statement of claim detailing his claims against the interveners by 31 January 2018. The interveners were then required to file and serve their response and defence by 28 February 2018.
The court further ordered that paragraphs 8, 9, and 10 of Mr D Palau's amended application be adjourned to the trial judge, while paragraph 11 of that application was dismissed. The application in a case filed on 24 November 2017 was otherwise dismissed, as were any extant applications for interim orders.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Jurisdiction
-
Procedural Fairness
-
Standing
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Waugh & Waugh
[2000] FamCA 1183
Mullen & De Bry
[2006] FamCA 1380