Ritz and Ritz

Case

[2007] FamCA 1729

25 January 2007


Details
AGLC Case Decision Date
Ritz and Ritz [2007] FamCA 1729 [2007] FamCA 1729 25 January 2007

CaseChat Overview and Summary

In the matter of *Ritz and Ritz*, heard before Mushin J, the parties sought orders concerning procedural aspects of their property settlement application. The dispute revolved around the appropriate method for obtaining financial disclosure and the scheduling of dispute resolution processes.

The court was required to determine whether to dispense with the mandatory conciliation conference and to permit the wife to serve specific written questions on the husband, rather than proceeding through standard interrogatories. Additionally, the court considered whether to dismiss the parties' respective applications filed in September and December 2006, and how to manage the final hearing of the property settlement proceedings.

Mushin J, by consent of the parties, ordered that the requirement for a conciliation conference be dispensed with, provided the parties attended mediation with a mutually agreed mediator, Mr Andrew Kirkam, QC. The court also permitted the wife to serve specific written questions on the husband regarding financial matters, with the husband to answer within 21 days. The husband was ordered to pay the mediator's fees in the first instance, with these to be adjusted at the final hearing. However, not by consent, the court dismissed the parties' earlier applications and referred all final applications to the Trial Notice Pool, reserving questions of costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Costs

  • Jurisdiction

  • Remedies

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