Storrer and Storrer
Case
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[2012] FamCA 448
•29 May 2012
Details
AGLC
Case
Decision Date
STORRER & STORRER
[2012] FamCA 448
[2012] FamCA 448
29 May 2012
CaseChat Overview and Summary
In the matter of *Storrer and Storrer*, O’Reilly J considered an application by the wife for leave to further amend her response and for directions regarding the subsequent pleadings and the potential for summary dismissal of certain claims. The dispute involved complex property division, with the wife seeking to include claims concerning the assets of a discretionary trust and relief against a company director and shareholders.
The primary legal issues before the court were whether the wife should be granted leave to amend her pleadings to assert claims regarding the Storrer Family Trust and to particularise relief sought against the director and shareholders of N Pty Ltd. The court also had to determine the procedural steps required for the husband and other respondents to respond to these amended claims, including the possibility of a summary dismissal application, and to set a timetable for these developments.
O’Reilly J granted the wife leave to amend her response, ordering her to file and serve points of claim detailing the factual basis for her assertions regarding the trust assets and the relief sought against the company director and shareholders. Directions were given for the husband and other respondents to file points of defence, and a timeframe was set for any potential summary dismissal applications. The court also directed that the matter be listed for mention to consider issues such as the requirement for notices under s 78B of the *Judiciary Act 1903* (Cth) in relation to s 90AC of the *Family Law Act 1975* (Cth), the basis for determining any summary dismissal application, and the scheduling of such applications. The previously set trial dates were adjourned pending these procedural steps.
The primary legal issues before the court were whether the wife should be granted leave to amend her pleadings to assert claims regarding the Storrer Family Trust and to particularise relief sought against the director and shareholders of N Pty Ltd. The court also had to determine the procedural steps required for the husband and other respondents to respond to these amended claims, including the possibility of a summary dismissal application, and to set a timetable for these developments.
O’Reilly J granted the wife leave to amend her response, ordering her to file and serve points of claim detailing the factual basis for her assertions regarding the trust assets and the relief sought against the company director and shareholders. Directions were given for the husband and other respondents to file points of defence, and a timeframe was set for any potential summary dismissal applications. The court also directed that the matter be listed for mention to consider issues such as the requirement for notices under s 78B of the *Judiciary Act 1903* (Cth) in relation to s 90AC of the *Family Law Act 1975* (Cth), the basis for determining any summary dismissal application, and the scheduling of such applications. The previously set trial dates were adjourned pending these procedural steps.
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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Summary Judgment
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Costs
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Procedural Fairness
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Jurisdiction
Actions
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Citations
STORRER & STORRER
[2012] FamCA 448
Most Recent Citation
Kelly and Lomax & Anor [2013] FamCA 496
Cases Citing This Decision
2
Cases Cited
2
Statutory Material Cited
2