Phillips and Phillips (No 2)
Case
•
[2010] FamCA 645
•12 July 2010
Details
AGLC
Case
Decision Date
Phillips and Phillips (No 2) [2010] FamCA 645
[2010] FamCA 645
12 July 2010
CaseChat Overview and Summary
In *Phillips and Phillips (No 2)*, Barry J of the Family Court of Australia considered an application for an adjournment of a hearing. The specific nature of the underlying dispute between the parties, Mr. Phillips and Mrs. Phillips, is not detailed in the provided text, but the proceedings clearly relate to family law matters requiring a trial.
The primary legal issue before the court was whether to grant the application for an adjournment of the hearing scheduled for that day. The court was also required to determine the future conduct of the proceedings, including the setting of a trial date, the filing of trial directions, and the payment of hearing fees.
Barry J granted the application for adjournment, thereby rescheduling the trial for three days commencing on 14 February 2011. The court directed the parties to agree on trial directions and file them by 27 August 2010, with a provision for a Registrar to list the matter if agreement was not reached. The Applicant was ordered to pay any daily hearing fee thirty days prior to the trial date, subject to obtaining a waiver. Costs were reserved.
The primary legal issue before the court was whether to grant the application for an adjournment of the hearing scheduled for that day. The court was also required to determine the future conduct of the proceedings, including the setting of a trial date, the filing of trial directions, and the payment of hearing fees.
Barry J granted the application for adjournment, thereby rescheduling the trial for three days commencing on 14 February 2011. The court directed the parties to agree on trial directions and file them by 27 August 2010, with a provision for a Registrar to list the matter if agreement was not reached. The Applicant was ordered to pay any daily hearing fee thirty days prior to the trial date, subject to obtaining a waiver. Costs were reserved.
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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Costs
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Jurisdiction
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Remedies
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