Strahan and Strahan (No 2)

Case

[2017] FamCA 248

26 April 2017


Details
AGLC Case Decision Date
Strahan and Strahan (No 2) [2017] FamCA 248 [2017] FamCA 248 26 April 2017

CaseChat Overview and Summary

In *Strahan and Strahan (No 2)*, Cronin J considered an application by the wife in long-standing property and spousal maintenance proceedings. The husband opposed the wife's application but proposed that he would place $300,000 into his solicitor's trust account for the wife's legal fees for the upcoming property trial, to be paid upon its conclusion. These proceedings had commenced approximately 12 years prior and, despite numerous hearings, remained unresolved.

The court was required to determine the wife's immediate application, which was filed by her as a self-represented litigant and included complaints about her former lawyers. Additionally, the court needed to establish a timetable and set directions for the final hearing of the substantive property and spousal maintenance proceedings, which had been previously adjourned. A key issue was the wife's failure to file her final affidavit evidence as ordered by Austin J in September 2016, while the husband had complied.

Cronin J dismissed the wife's immediate application, noting that any complaints against her former lawyers were not appropriate for determination in their absence. The court then made orders for the conduct of the final hearing, including setting a trial date for 4 September 2017. The husband was ordered to pay $300,000 into his solicitor's trust account, to be held on trust for the wife as part property settlement, to be released to her at the conclusion of the final hearing. A detailed timetable was set for the filing of amended applications, affidavits of evidence, financial statements, and case outlines. The court also provided for a video link to facilitate the wife's attendance and participation from Adelaide.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Jurisdiction

  • Remedies

  • Standing

  • Procedural Fairness

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Cases Citing This Decision

1

Strahan and Strahan (No. 4) [2017] FamCA 949
Cases Cited

1

Statutory Material Cited

1