SHAHIDI & BEIRANVAND
Case
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[2019] FCCA 455
•16 January 2019
Details
AGLC
Case
Decision Date
SHAHIDI & BEIRANVAND [2019] FCCA 455
[2019] FCCA 455
16 January 2019
CaseChat Overview and Summary
In the matter of *Shahidi & Beiranvand*, heard before Judge Harman, the dispute concerned an application for parenting orders and property adjustment orders. The applicant, a self-represented litigant, sought to introduce funds into the proceedings.
The court was required to determine whether the parenting orders application was properly before the court, given that no leave had been sought to add new issues after hearing dates were fixed and that the requirements of section 60I of the *Family Law Act 1975* had not been met. The court also had to consider the application for property adjustment orders and spousal maintenance.
Judge Harman struck out the parenting aspect of the proceedings, noting that it was not a determination on the merits but rather that the applications were not properly before the court. The court declared each party to be the sole and absolute owner of all property in their respective possession, custody, or control, including real estate, funds, motor vehicles, and personalty. Each party was also ordered to indemnify the other against any liability in their sole name. The application for property adjustment orders and spousal maintenance was dismissed, as were all outstanding applications and responses.
The court was required to determine whether the parenting orders application was properly before the court, given that no leave had been sought to add new issues after hearing dates were fixed and that the requirements of section 60I of the *Family Law Act 1975* had not been met. The court also had to consider the application for property adjustment orders and spousal maintenance.
Judge Harman struck out the parenting aspect of the proceedings, noting that it was not a determination on the merits but rather that the applications were not properly before the court. The court declared each party to be the sole and absolute owner of all property in their respective possession, custody, or control, including real estate, funds, motor vehicles, and personalty. Each party was also ordered to indemnify the other against any liability in their sole name. The application for property adjustment orders and spousal maintenance was dismissed, as were all outstanding applications and responses.
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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Procedural Fairness
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Jurisdiction
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Remedies
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Appeal
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Costs
Actions
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Citations
SHAHIDI & BEIRANVAND [2019] FCCA 455
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
4
Sali v SPC Ltd
[1993] HCA 47
Stanford v Stanford
[2012] HCA 52