SCVG and Estate of KLD (deceased) (No 3)
Case
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[2020] FamCA 176
•20 March 2020
Details
AGLC
Case
Decision Date
SCVG and Estate of KLD (deceased) (No 3) [2020] FamCA 176
[2020] FamCA 176
20 March 2020
CaseChat Overview and Summary
In the matter of SCVG and the Estate of KLD (deceased) (No 3), Gill J of the Supreme Court of Victoria considered applications to strike out various statements of claim filed by the Applicant. The proceedings involved multiple distinct claims, including those related to a "Cronin J Matter," an "Email Fraud Matter," a "Judge Scarlett Matter," and a "Child Support Agency Departure Order."
The central legal issue before the Court was whether the Applicant's pleadings in these various matters disclosed a reasonable cause of action or were otherwise an abuse of process, warranting their being struck out. The Court was required to assess each statement of claim against the relevant pleading rules and principles governing the striking out of pleadings.
Gill J determined that significant portions of the Applicant's statements of claim did not meet the required legal threshold and were therefore struck out. However, specific paragraphs within each statement of claim were permitted to stand, as identified in a marked-up version of the pleadings annexed to the judgment. The Court then made orders for the matter to be listed for further directions concerning the filing of defences.
The central legal issue before the Court was whether the Applicant's pleadings in these various matters disclosed a reasonable cause of action or were otherwise an abuse of process, warranting their being struck out. The Court was required to assess each statement of claim against the relevant pleading rules and principles governing the striking out of pleadings.
Gill J determined that significant portions of the Applicant's statements of claim did not meet the required legal threshold and were therefore struck out. However, specific paragraphs within each statement of claim were permitted to stand, as identified in a marked-up version of the pleadings annexed to the judgment. The Court then made orders for the matter to be listed for further directions concerning the filing of defences.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Abuse of Process
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Stay of Proceedings
Actions
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Most Recent Citation
SCVG & Estate of KLD (No 5) [2022] FedCFamC1F 818
Cases Citing This Decision
2
SCVG & Estate of KLD (Deceased) (No. 5)
[2020] FamCA 1065
SCVG & Estate of KLD (No 5)
[2022] FedCFamC1F 818
Cases Cited
20
Statutory Material Cited
5
HAWKING & HAWKING
[2018] FamCA 890
McGuirk v The University of New South Wales
[2010] NSWSC 1471