Samuels and Shaw and Ors (No. 2)
Case
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[2007] FamCA 1722
•25 January 2007
Details
AGLC
Case
Decision Date
Samuels and Shaw and Ors (No. 2) [2007] FamCA 1722
[2007] FamCA 1722
25 January 2007
CaseChat Overview and Summary
In *Samuels and Shaw and Ors (No. 2)*, Boland J of the Federal Circuit Court of Australia considered an application filed on 25 January 2007. The proceedings involved the parties identified as Samuels and Shaw, along with other respondents referred to as Ms GW and Mr AH. The precise nature of the dispute is not detailed, but the orders indicate a family law context, likely concerning property or parenting matters, given the involvement of a "wife" and the nature of the applications and responses.
The court was required to determine the procedural steps necessary for the progression of the case. Specifically, it needed to set dates for the filing and service of amended applications and supporting affidavits by the wife, and amended responses and supporting affidavits by Ms GW and Mr AH. The court also had to consider the costs associated with the day's proceedings.
By consent of the parties, the court ordered that the application be adjourned for mention on 1 March 2007. The wife was directed to file and serve any amended application and affidavit in support by 15 February 2007, with Ms GW and Mr AH to file and serve their amended response and affidavit in support by 22 February 2007. Furthermore, the court ordered that the wife pay the costs of Ms GW and Mr AH incurred on that day on an indemnity basis.
The court was required to determine the procedural steps necessary for the progression of the case. Specifically, it needed to set dates for the filing and service of amended applications and supporting affidavits by the wife, and amended responses and supporting affidavits by Ms GW and Mr AH. The court also had to consider the costs associated with the day's proceedings.
By consent of the parties, the court ordered that the application be adjourned for mention on 1 March 2007. The wife was directed to file and serve any amended application and affidavit in support by 15 February 2007, with Ms GW and Mr AH to file and serve their amended response and affidavit in support by 22 February 2007. Furthermore, the court ordered that the wife pay the costs of Ms GW and Mr AH incurred on that day on an indemnity basis.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Consent
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
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[1980] HCA 4
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[1980] HCA 4
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[1993] FCA 801