Sigley and De Santis (No 2)

Case

[2016] FamCA 960

14 November 2016


Details
AGLC Case Decision Date
Sigley and De Santis (No 2) [2016] FamCA 960 [2016] FamCA 960 14 November 2016

CaseChat Overview and Summary

In *Sigley and De Santis (No 2)*, His Honour Macmillan J considered an application by the applicant to strike out the respondent's Response to Initiating Application and to enforce a financial agreement made between the parties. The dispute concerned the enforcement of a financial agreement entered into under s 90UC of the *Family Law Act 1975* (Cth).

The primary legal issues before the Court were whether the respondent's Response to Initiating Application should be struck out, and whether paragraph 6 of the financial agreement, made between the parties on 24 October 2013, should be enforced as an order of the Court pursuant to s 90UN of the Act. The Court also considered ancillary orders relating to notification of creditor's petitions and the filing of submissions regarding costs.

His Honour determined that the respondent's Response to Initiating Application should be struck out. The Court further ordered that paragraph 6 of the financial agreement be enforced as if it were an order of the Court. This paragraph likely related to the respondent's obligations concerning creditor's petitions, as evidenced by the subsequent orders requiring the respondent to notify the applicant's solicitors of any such petitions. The Court also made orders for the service of its orders and reasons, and for the parties to file written submissions and replies concerning any applications for costs. The applicant's Initiating Application and Application in a Case were otherwise dismissed, save for any application for costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Tate v Tate [2000] FamCA 1040
Allesch v Maunz [2000] HCA 40