Russell and Russell (No. 4)
Case
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[2012] FamCA 746
•23 August 2012
Details
AGLC
Case
Decision Date
RUSSELL & RUSSELL (NO. 4)
[2012] FamCA 746
[2012] FamCA 746
23 August 2012
CaseChat Overview and Summary
In the matter of *Russell and Russell (No. 4)*, the Family Court of Australia, presided over by Young J, considered an application concerning divorce proceedings. The specific dispute involved the wife's request to make, file, and serve a further application supported by an affidavit, and the husband's response to this and the ongoing divorce application.
The court was required to determine whether to grant the wife leave to file a further application and to set a date for a further hearing of the divorce application. Additionally, the court needed to consider the filing and service of responding materials by the husband and to make orders regarding the wife's costs of the hearing.
Young J granted the wife leave to make, file, and serve a further application within fourteen days, supported by an affidavit. The further hearing of the divorce application was adjourned to a specific date and time, with directions for the husband to file any responding affidavit or submissions by a specified date. The husband was also required to notify the court and the wife's solicitors if he intended to personally appear at the hearing. The wife's costs of the hearing were reserved, and it was certified that the matter reasonably required the attendance of counsel for the wife.
The court was required to determine whether to grant the wife leave to file a further application and to set a date for a further hearing of the divorce application. Additionally, the court needed to consider the filing and service of responding materials by the husband and to make orders regarding the wife's costs of the hearing.
Young J granted the wife leave to make, file, and serve a further application within fourteen days, supported by an affidavit. The further hearing of the divorce application was adjourned to a specific date and time, with directions for the husband to file any responding affidavit or submissions by a specified date. The husband was also required to notify the court and the wife's solicitors if he intended to personally appear at the hearing. The wife's costs of the hearing were reserved, and it was certified that the matter reasonably required the attendance of counsel for the wife.
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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Costs
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Procedural Fairness
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Appeal
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