Roberts and Inkster (No 2)
Case
•
[2009] FamCA 1167
•25 NOVEMBER 2009
Details
AGLC
Case
Decision Date
Roberts and Inkster (No 2) [2009] FamCA 1167
[2009] FamCA 1167
25 NOVEMBER 2009
CaseChat Overview and Summary
In *Roberts and Inkster (No 2)*, Young J of the Supreme Court of Western Australia considered applications made by the husband and wife in ongoing proceedings. The specific dispute before the court involved the husband's application filed on 13 November 2009, and the wife's potential non-compliance with court orders.
The primary legal issues before the court were whether to vacate a scheduled telephone conference, adjourn extant applications, and the consequences of the wife's potential failure to file further affidavits or applications by a specified date. The court also considered the filing and service of the husband's further affidavit of service and other related documents.
Young J ordered that the telephone conference be vacated and all extant applications, including the husband's recent application, be adjourned for further hearing. The court stipulated that the wife must file and serve any further affidavits or applications by 11 January 2010, warning that failure to comply might lead to the finalisation or dismissal of all applications on an undefended basis. Leave was granted to the husband's solicitor to file a further affidavit of service, and directions were given for the service of various documents, including the court's order and extempore reasons for judgment, upon the wife. The costs of the husband were reserved.
The primary legal issues before the court were whether to vacate a scheduled telephone conference, adjourn extant applications, and the consequences of the wife's potential failure to file further affidavits or applications by a specified date. The court also considered the filing and service of the husband's further affidavit of service and other related documents.
Young J ordered that the telephone conference be vacated and all extant applications, including the husband's recent application, be adjourned for further hearing. The court stipulated that the wife must file and serve any further affidavits or applications by 11 January 2010, warning that failure to comply might lead to the finalisation or dismissal of all applications on an undefended basis. Leave was granted to the husband's solicitor to file a further affidavit of service, and directions were given for the service of various documents, including the court's order and extempore reasons for judgment, upon the wife. The costs of the husband were reserved.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Costs
-
Procedural Fairness
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1