Percell and Mulroy (No 2)
Case
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[2017] FamCA 881
•22 August 2017
Details
AGLC
Case
Decision Date
Percell and Mulroy (No 2) [2017] FamCA 881
[2017] FamCA 881
22 August 2017
CaseChat Overview and Summary
In *Percell and Mulroy (No 2)*, Johnston J of the Federal Circuit Court of Australia considered an application for leave to intervene in proceedings concerning a costs assessment. The parties involved were Mr Percell and Ms Mulroy, with Malcolm Bruce Cameron trading as Central Coast Family Law seeking to intervene.
The primary legal issue before the court was whether to grant leave to the proposed intervenor to participate in the costs assessment proceedings. This involved determining the appropriate procedural steps and timelines for the intervenor and the existing parties to file and serve their respective materials in preparation for the hearing.
Johnston J granted leave to Malcolm Bruce Cameron trading as Central Coast Family Law to intervene. The court ordered that the intervenor file and serve all relevant material within 14 days, supported by an affidavit. Mr Percell and Ms Mulroy were then required to file and serve any responding affidavits by 6 October 2017. The costs assessment hearing was scheduled for 18 October 2017. The court also noted that Ms Mulroy would file a Notice of Address for Service promptly.
The primary legal issue before the court was whether to grant leave to the proposed intervenor to participate in the costs assessment proceedings. This involved determining the appropriate procedural steps and timelines for the intervenor and the existing parties to file and serve their respective materials in preparation for the hearing.
Johnston J granted leave to Malcolm Bruce Cameron trading as Central Coast Family Law to intervene. The court ordered that the intervenor file and serve all relevant material within 14 days, supported by an affidavit. Mr Percell and Ms Mulroy were then required to file and serve any responding affidavits by 6 October 2017. The costs assessment hearing was scheduled for 18 October 2017. The court also noted that Ms Mulroy would file a Notice of Address for Service promptly.
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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