Pint and Harper (No 2)
Case
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[2010] FamCA 988
•13 OCTOBER 2010
Details
AGLC
Case
Decision Date
Pint and Harper (No 2) [2010] FamCA 988
[2010] FamCA 988
13 OCTOBER 2010
CaseChat Overview and Summary
In the matter of *Pint and Harper (No 2)*, Cronin J considered a dispute between the mother and father concerning financial and parenting issues.
The court was required to determine the appropriate procedural steps to advance the proceedings towards a final hearing, including the management of various interim and contravention applications, and the filing of substantive evidence and financial statements by both parties.
Cronin J ordered that all outstanding interim and contravention applications by both parties be struck out or withdrawn. The substantive applications seeking final orders were adjourned for a two-day hearing before Justice Bennett commencing on 20 December 2010. For the purposes of both financial and parenting matters, the mother was deemed to be the applicant. Specific timelines were set for the applicant mother to file an amended application, evidence in chief, and a financial statement, and to pay the trial fee, unless a waiver was obtained. The respondent father was similarly required to file an amended response, evidence in chief, and a financial statement by a later date. Liberty was granted to the parties to approach the registrar to vary these obligations, and provision was made for a party to apply to the trial judge to proceed on an undefended basis should the other party fail to comply. Finally, the father, being an undischarged bankrupt, was ordered to provide details of outstanding applications to the Trustee of the Insolvency Trustee Service of Australia.
The court was required to determine the appropriate procedural steps to advance the proceedings towards a final hearing, including the management of various interim and contravention applications, and the filing of substantive evidence and financial statements by both parties.
Cronin J ordered that all outstanding interim and contravention applications by both parties be struck out or withdrawn. The substantive applications seeking final orders were adjourned for a two-day hearing before Justice Bennett commencing on 20 December 2010. For the purposes of both financial and parenting matters, the mother was deemed to be the applicant. Specific timelines were set for the applicant mother to file an amended application, evidence in chief, and a financial statement, and to pay the trial fee, unless a waiver was obtained. The respondent father was similarly required to file an amended response, evidence in chief, and a financial statement by a later date. Liberty was granted to the parties to approach the registrar to vary these obligations, and provision was made for a party to apply to the trial judge to proceed on an undefended basis should the other party fail to comply. Finally, the father, being an undischarged bankrupt, was ordered to provide details of outstanding applications to the Trustee of the Insolvency Trustee Service of Australia.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Insolvency
Legal Concepts
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Costs
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Procedural Fairness
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Standing
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Stay of Proceedings
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Injunction
Actions
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Citations
Pint and Harper (No 2) [2010] FamCA 988
Cases Citing This Decision
0
Cases Cited
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Statutory Material Cited
1