STRAHAN & STRAHAN

Case

[2016] FamCA 388

20 May 2016


Details
AGLC Case Decision Date
STRAHAN & STRAHAN [2016] FamCA 388 [2016] FamCA 388 20 May 2016

CaseChat Overview and Summary

In the matter of *Strahan & Strahan*, Ms Strahan (the applicant wife) and the respondent husband presented a family law dispute before Dawe J. The proceedings involved applications concerning property settlement and interim orders, with the court required to make directions regarding the upcoming trial and address various interlocutory applications.

The court was tasked with determining several legal issues, including the terms of interim property settlement payments, the allocation of costs for private mediation, and the procedural steps necessary for trial preparation. Specifically, the court needed to decide on the adjournment of final proceedings for trial directions, the filing of updated financial statements, the provision of passport details, and the resolution of specific applications made by the parties.

Dawe J made orders by consent, directing the parties to attend private mediation in Adelaide on 11 and 12 August 2016 before Mr Stephen Walsh, QC. The respondent husband was ordered to bear all costs associated with this mediation, including the mediator's fees and venue hire. Fifty per cent of these mediation payments, along with 100 per cent of other specified payments by the husband, were to be treated as interim property settlement. The final determination of proceedings was adjourned to 22 August 2016 for further directions concerning trial allocation, length, witnesses, and the arrangement of an interstate judge. The court also ordered the parties to exchange passport details by 17 June 2016 and file updated financial statements by 30 June 2016. The husband was ordered to pay $75,000 to the wife's solicitors by 17 June 2016 and a further $75,000 by 19 August 2016, conditional on the mediation having occurred. Certain applications by the wife were adjourned, while specific applications by the husband were dismissed, with costs for these latter applications referred to the trial judge. The wife was also ordered to file an affidavit annexing single expert reports by 17 June 2016.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Consent

  • Remedies

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