Sherman and Statham
Case
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[2009] FamCA 776
•27 August 2009
Details
AGLC
Case
Decision Date
Sherman and Statham [2009] FamCA 776
[2009] FamCA 776
27 August 2009
CaseChat Overview and Summary
In the matter of *Sherman and Statham*, heard by Justice Le Poer Trench, the wife sought to alter existing property settlement orders under section 79A of the *Family Law Act 1975* (Cth), while the husband sought an order under section 118 of the same Act. The wife also sought leave to commence proceedings for spouse maintenance.
The court was required to determine whether the circumstances warranted an alteration of the previous property settlement orders, whether the wife should be granted leave to pursue a claim for spouse maintenance, and whether the husband was entitled to an order under section 118 of the *Family Law Act 1975* (Cth).
Justice Le Poer Trench dismissed the wife's application to alter the property settlement orders, finding that the grounds for such an alteration were not met. However, the court granted the wife leave to commence proceedings for spouse maintenance, provided she filed the necessary application within 28 days. The husband's application under section 118 was also dismissed. The court then made detailed orders regarding the filing and service of any costs applications, with a further listing to ascertain if any such applications had been filed.
The court was required to determine whether the circumstances warranted an alteration of the previous property settlement orders, whether the wife should be granted leave to pursue a claim for spouse maintenance, and whether the husband was entitled to an order under section 118 of the *Family Law Act 1975* (Cth).
Justice Le Poer Trench dismissed the wife's application to alter the property settlement orders, finding that the grounds for such an alteration were not met. However, the court granted the wife leave to commence proceedings for spouse maintenance, provided she filed the necessary application within 28 days. The husband's application under section 118 was also dismissed. The court then made detailed orders regarding the filing and service of any costs applications, with a further listing to ascertain if any such applications had been filed.
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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Appeal
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Costs
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Remedies
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Jurisdiction
Actions
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Citations
Sherman and Statham [2009] FamCA 776
Cases Citing This Decision
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