PALLISTER & DONNELLY

Case

[2015] FCCA 2768

14 October 2015


Details
AGLC Case Decision Date
PALLISTER & DONNELLY [2015] FCCA 2768 [2015] FCCA 2768 14 October 2015

CaseChat Overview and Summary

In the matter of *Pallister & Donnelly*, Judge Scarlett of the Family Court of Australia considered a dispute concerning property in a de facto relationship. The proceedings involved an application by the Respondent, Mr Donnelly, and a response filed by the Applicant, Ms Pallister. A key element of the dispute revolved around the appointment of valuers, where the parties were unable to agree.

The court was required to determine whether to dismiss Ms Pallister's response to Mr Donnelly's application. Furthermore, the court needed to address whether Ms Pallister should be ordered to pay costs in relation to Mr Donnelly's application, particularly in light of her alleged failure to comply with a previous court order.

Judge Scarlett ordered that Ms Pallister's response to the application be dismissed. The court also directed Ms Pallister to comply with a prior order made on 26 June 2015 within seven days. Finally, Ms Pallister was ordered to file and serve written submissions within twenty-one days, outlining why she should not be liable for the costs of Mr Donnelly's application filed on 18 August 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

  • Appeal

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