Roland & Roland (No. 2)
Case
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[2021] FamCA 587
•4 August 2021
Details
AGLC
Case
Decision Date
Roland & Roland (No. 2) [2021] FamCA 587
[2021] FamCA 587
4 August 2021
CaseChat Overview and Summary
In *Roland & Roland (No. 2)*, the applicant husband sought an urgent writ of vacant possession of the former family home, in anticipation of its sale pursuant to earlier court orders. The respondent wife was given an opportunity to respond to the husband's application.
The court was required to determine the procedural steps necessary to ready the matter for a hearing, including the timeline for the wife's response and the husband's further evidence, and to set a date for the determination of the husband's application. The court also considered the form of the hearing and the potential need for further evidence, including the issuance of subpoenas.
Bennett J ordered that the wife notify the husband by a specified date whether she agreed with the accuracy of an internet listing for a rental property and if she required a court inspection. The husband's application was set down for a hearing on a future date, to be conducted in person at the Melbourne Registry. Directions were given for the filing and service of amended applications, affidavits, responses, and replies, with specific deadlines for each. The court also granted permission for the parties to issue subpoenas, including to mobile service providers, to obtain evidence regarding telephone usage and handset status. Further directions were made regarding the provision of a draft warrant of possession, minutes of orders, and written submissions. The court extended time for compliance with previous orders relating to filing documents for a final hearing and addressed the wife's potential change in legal representation. Costs were reserved.
The court was required to determine the procedural steps necessary to ready the matter for a hearing, including the timeline for the wife's response and the husband's further evidence, and to set a date for the determination of the husband's application. The court also considered the form of the hearing and the potential need for further evidence, including the issuance of subpoenas.
Bennett J ordered that the wife notify the husband by a specified date whether she agreed with the accuracy of an internet listing for a rental property and if she required a court inspection. The husband's application was set down for a hearing on a future date, to be conducted in person at the Melbourne Registry. Directions were given for the filing and service of amended applications, affidavits, responses, and replies, with specific deadlines for each. The court also granted permission for the parties to issue subpoenas, including to mobile service providers, to obtain evidence regarding telephone usage and handset status. Further directions were made regarding the provision of a draft warrant of possession, minutes of orders, and written submissions. The court extended time for compliance with previous orders relating to filing documents for a final hearing and addressed the wife's potential change in legal representation. Costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Roland & Roland (No. 2) [2021] FamCA 587
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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