Payne & Payne
Case
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[2009] FamCA 1005
•20 October 2009
Details
AGLC
Case
Decision Date
Payne & Payne [2009] FamCA 1005
[2009] FamCA 1005
20 October 2009
CaseChat Overview and Summary
In the matter of *Payne & Payne*, heard before Mushin J, the dispute concerned the updating of single expert reports and a husband's application for review of a prior order made by Registrar Kaur. The parties were required to take steps to ensure that M Accountants updated existing expert reports, with liberty for each party to provide independent material to the accountants, provided a copy was also given to the other party.
The court was required to determine whether to allow the husband's application to review and set aside the order of Registrar Kaur made on 1 May 2009. This order had evidently dealt with the status or use of a report that was the subject of the review.
Mushin J allowed the husband's application for review, setting aside the order of Registrar Kaur. The court further ordered that any report that was the subject of the set-aside order be removed from the court file and returned to the party who had filed it. All applications were adjourned to a future Directions Hearing before Registrar Kaur, with questions of costs reserved and general liberty to apply granted to both parties.
The court was required to determine whether to allow the husband's application to review and set aside the order of Registrar Kaur made on 1 May 2009. This order had evidently dealt with the status or use of a report that was the subject of the review.
Mushin J allowed the husband's application for review, setting aside the order of Registrar Kaur. The court further ordered that any report that was the subject of the set-aside order be removed from the court file and returned to the party who had filed it. All applications were adjourned to a future Directions Hearing before Registrar Kaur, with questions of costs reserved and general liberty to apply granted to both parties.
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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Discovery
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Privilege
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Costs
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Procedural Fairness
Actions
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Citations
Payne & Payne [2009] FamCA 1005
Most Recent Citation
Toma & Doyle [2022] FedCFamC1F 215
Cases Citing This Decision
4
JENKINS and GROTHE (DISCHARGE OF SINGLE EXPERT WITNESS)
[2023] FCWA 160
OTHONOS and COSTA-OTHONOS
[2023] FCWA 5
PAREDES and ENFIELD
[2022] FCWA 186
Cases Cited
0
Statutory Material Cited
2