Reece and Dawkins

Case

[2013] FamCA 665

5 September 2013


Details
AGLC Case Decision Date
Reece and Dawkins [2013] FamCA 665 [2013] FamCA 665 5 September 2013

CaseChat Overview and Summary

In the matter of Reece and Dawkins, heard before Watts J, the dispute concerned financial matters arising from the breakdown of a de facto relationship. The specific issue before the court was an application by the de facto husband to reopen the case to adduce further evidence regarding a significant sum of money, $114,172.84, which had been transferred between various accounts in January 2011.

The court was required to determine whether to grant leave to the de facto husband to present this additional evidence. Furthermore, the court considered applications for leave by both parties to issue subpoenas for bank records relevant to transactions involving the sum in question, including withdrawals by the de facto wife and any transactions on a particular account.

Watts J granted leave to the de facto husband to reopen the case and file fresh evidence concerning the $114,172.84 withdrawal and subsequent deposits. The court also granted leave to the de facto wife to subpoena Ms B's bank records related to a withdrawal of $114,172.94 and to the de facto husband to issue subpoenas for transactions on account 2. The matter was adjourned for the filing and service of this evidence and for further submissions, with the costs of the application to reopen the hearing being reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Appeal

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Cases Citing This Decision

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Cases Cited

4

Statutory Material Cited

0

Reid v Brett [2005] VSC 18
Reid v Brett [2005] VSC 18