Seer and Hett

Case

[2019] FamCA 70

8 February 2019


Details
AGLC Case Decision Date
Seer and Hett [2019] FamCA 70 [2019] FamCA 70 8 February 2019

CaseChat Overview and Summary

In the matter of *Seer and Hett*, heard before Gill J, the dispute concerned divorce proceedings and related property division. The Husband had alleged an abuse of process by the Wife in her pursuit of these proceedings.

The Court was required to determine several issues, including the appropriate forum for the proceedings, the valuation of Chinese properties, and the Husband's allegations of abuse of process. The parties were also directed to address the filing of a joint balance sheet and the potential for cross-examination of witnesses.

Gill J ordered that the Husband's response regarding the forum and the Wife's application concerning the forum be heard together. Directions were given for the filing of affidavits concerning the valuation of Chinese properties, with a mechanism for the Court to determine a single expert if the parties could not agree. The Husband was ordered to file a document detailing the facts and matters constituting his alleged abuse of process. Further directions were to be sought by the parties if required, including as to witness cross-examination. Costs were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Abuse of Process

  • Expert Evidence

  • Procedural Fairness

  • Costs

  • Stay of Proceedings

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