PLANTIER & PLANTIER

Case

[2020] FCCA 1399

5 June 2020


Details
AGLC Case Decision Date
PLANTIER & PLANTIER [2020] FCCA 1399 [2020] FCCA 1399 5 June 2020

CaseChat Overview and Summary

In the matter of *Plantier & Plantier*, heard by Baker J, the husband sought to set aside previous consent orders made on 16 September 2019 and 11 October 2019. The dispute arose from the wife's alleged failure to comply with these orders, specifically concerning her disclosure obligations and the removal or sale of property.

The court was required to determine whether the wife had provided full and frank disclosure as mandated by the earlier orders and whether her actions regarding the removal and sale of items from the G Street property and J Street storage facility constituted a breach of those orders. The husband's applications sought to address these alleged non-compliance issues.

Baker J ordered that the husband be granted leave to administer specific questions to the wife regarding the removal and sale of items from the G Street property and J Street storage facility between 11 October 2019 and the present date. The wife was directed to file and serve sworn answers to these questions, along with an affidavit of documents relating to the sale proceeds of any items removed during that period. The husband was also ordered to comply with the consent orders of 16 September 2019 by filing and serving an affidavit of all relevant documents. The court further stipulated that if the wife failed to comply with order 4 of the 11 October 2019 orders, the Registrar was empowered to sign and execute necessary documents on her behalf. The applications filed on 31 January 2020 and 26 February 2020 were otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Remedies

  • Procedural Fairness

  • Costs

Actions
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Cases Citing This Decision

2

Plantier & Plantier (No 2) [2023] FedCFamC2F 386
Plantier & Plantier [2022] FedCFamC2F 840
Cases Cited

1

Statutory Material Cited

4

Kelleher & Anderson [2007] FamCA 137