FAMILY COURT OF AUSTRALIA
| RIMAC & RIMAC | [2020] FamCA 675 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Where the matter was set down for an undefended hearing – Where the Respondent husband emailed the Court, the day before the hearing, seeking that the matter be adjourned on the basis that he was unable to undertake necessary preparations for the hearing and would not be able to appear at the hearing as a result of health issues – Where the adjournment was opposed by the Applicant wife – Where the husband’s brother appeared on the Respondent husband’s behalf with leave of the Court – Whether the Court should grant the adjournment – Whether the Court, if the adjournment is granted, should impose conditions – Whether costs should be awarded on an indemnity basis – Consideration given, if the proceedings are adjourned, to what orders should be made to progress the matter – Adjournment granted – Orders made for indemnity costs in a fixed sum to be paid by the Respondent husband – Orders made for future directions. |
| Family Law Act 1975 (Cth) s 117 Protected Estates Act 1983 (NSW) Family Law Rules 2004 (Cth) r 1.04, 12.13, 19.18 |
| Beach Petroleum NL v Johnson (1995) 57 FCR 119 Rasic & Rasic [2019] FamCAFC 11 Stoian & Flemming (Costs) [2014] FamCA 944 |
| APPLICANT: | Ms Rimac |
| RESPONDENT: | Mr Rimac |
| FILE NUMBER: | SYC | 1540 | of | 2014 |
| DATE DELIVERED: | 18 August 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland DCJ |
| HEARING DATE: | 12 August 2020; 13 August 2020 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mr M Taylor of Hughes & Taylor |
| NO APPEARANCE BY THE RESPONDENT. |
| WITH LEAVE, THE RESPONDENT’S BROTHER APPEARING ON HIS BEHALF. |
Orders made on 12 August 2020:
These proceedings are adjourned for further hearing over three (3) days commencing on 24 November 2020 at 10.00am, with the fourth day, being 27 November 2020, also reserved if required.
The Respondent husband pay the costs of the Applicant wife, of and incidental to costs thrown away as a result of the adjournment Application, in the sum of $4,400, including GST, within 28 days of the date of these Orders.
Within 28 days of the date of these Orders, the Respondent husband file and serve an Affidavit explaining the reasons for his non-attendance at the hearing listed today and tomorrow, attaching a medical report from either or both Dr F or Dr G explaining:
(a) The reason for his attendance at K Hospital on 2 July 2020;
(b)The treatment provided by K Hospital and the treatment that has been provided subsequently;
(c)The prognosis of the Respondent husband and, in particular, whether it is the case, in the opinion of those medical officers, that he was not capable of…
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- AGLC
- RIMAC & RIMAC [2020] FamCA 675
- Case
- [2020] FamCA 675
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the interpretation and application of certain legal principles relevant to the case. The court was required to ascertain the rights and obligations of the parties based on the evidence and submissions presented.
McClelland DCJ applied established legal principles to the facts as presented. The reasoning involved a careful consideration of the relevant law and its application to the specific circumstances of the RIMAC & RIMAC matter. The judgment reflects the court's determination of the legal questions at hand.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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