Podopoulos and Albertinni (No. 2)
Case
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[2009] FamCA 431
•26 May 2009
Details
AGLC
Case
Decision Date
Podopoulos and Albertinni (No. 2) [2009] FamCA 431
[2009] FamCA 431
26 May 2009
CaseChat Overview and Summary
In the matter of *Podopoulos and Albertinni (No. 2)*, Strickland J of the Supreme Court of Western Australia considered applications made by the wife in family law proceedings. The dispute concerned the division of property and related financial matters between the parties.
The court was required to determine several interlocutory issues, including whether the wife should be granted leave to file an affidavit retrospectively, and leave to file and serve a further affidavit exhibiting a report from Dr B. Additionally, the court considered the wife's application for leave to file and serve an affidavit containing schedules of expenditure since separation, and the husband's entitlement to inspect documents relevant to the proceedings. The question of the husband's costs was also reserved.
Strickland J granted the wife leave to file her affidavit of 20 March 2009 *nunc pro tunc*, and further leave to file and serve an affidavit annexing Dr B's report by 4:00pm on 8 April 2009. The wife was also ordered to produce all relevant documents in her possession, power, or control for inspection by the husband and his legal advisers within seven days. The wife's application concerning the schedules of expenditure was adjourned to 9 April 2009, with the husband's costs reserved to that adjourned hearing.
The court was required to determine several interlocutory issues, including whether the wife should be granted leave to file an affidavit retrospectively, and leave to file and serve a further affidavit exhibiting a report from Dr B. Additionally, the court considered the wife's application for leave to file and serve an affidavit containing schedules of expenditure since separation, and the husband's entitlement to inspect documents relevant to the proceedings. The question of the husband's costs was also reserved.
Strickland J granted the wife leave to file her affidavit of 20 March 2009 *nunc pro tunc*, and further leave to file and serve an affidavit annexing Dr B's report by 4:00pm on 8 April 2009. The wife was also ordered to produce all relevant documents in her possession, power, or control for inspection by the husband and his legal advisers within seven days. The wife's application concerning the schedules of expenditure was adjourned to 9 April 2009, with the husband's costs reserved to that adjourned hearing.
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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Discovery
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Procedural Fairness
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