Pinkett and Pinkett

Case

[2018] FCCA 712

1 February 2018


Details
AGLC Case Decision Date
Pinkett and Pinkett [2018] FCCA 712 [2018] FCCA 712 1 February 2018

CaseChat Overview and Summary

In *Pinkett and Pinkett*, the wife sought leave to commence property proceedings out of time. The court was required to determine whether to grant this leave.

The court's reasoning and the legal principles applied are not fully detailed in the provided text, as the focus is on the procedural directions issued. However, the granting of leave indicates that the court was satisfied that the wife met the necessary threshold to proceed with her property adjustment claims despite the delay.

The court made several orders, including granting the wife leave to commence property proceedings out of time. The matter was listed for a mention on 17 April 2018, following a Conciliation Conference scheduled for 28 March 2018. The parties were directed to comply with discovery obligations and file a joint balance sheet by 9 March 2018. Further directions were given regarding the preparation and exchange of documents for the Conciliation Conference, including assertions on entitlement percentages, contributions, section 75(2) adjustments, market appraisals, expert valuations, proposed orders, and confirmation of document exchange and procedural fairness. Lawyers were also required to provide clients with written notices regarding costs. The parties and their legal representatives were to attend court one hour prior to the Conciliation Conference for negotiations.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Discovery

  • Procedural Fairness

  • Costs

  • Remedies

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