Sung and Sung

Case

[2014] FamCA 637

7 August 2014


Details
AGLC Case Decision Date
Sung and Sung [2014] FamCA 637 [2014] FamCA 637 7 August 2014

CaseChat Overview and Summary

In the matter of *Sung and Sung*, Justice Macmillan of the Family Court of Australia considered an application for the appointment of a case guardian for the wife. The proceedings involved an initiating application and a response, with the proposed case guardian, Mr Johns, seeking leave to file certain documents and formal appointment.

The primary legal issue before the court was whether to grant leave for the filing of affidavits and the response, and subsequently, whether to appoint Mr Johns as the case guardian for the wife pursuant to Rules 6.08 and 6.10 of the *Family Law Rules 2004* (Cth). The court also had to determine the appropriate order regarding the legal costs and disbursements of the appointed case guardian.

Justice Macmillan granted leave for the proposed case guardian to file the specified documents and ordered that Mr Johns be appointed as the case guardian for the wife. The court further ordered that, subject to further order, the legal costs and disbursements of the case guardian be paid from the wife's property or income. Reasons for the appointment were to be delivered as soon as practicable. Additionally, by consent, the husband was ordered to provide certain financial statements and documents within seven days, and the wife was to file and serve an amended response and supporting affidavits within twenty-one days, with the husband to file and serve a reply thereafter. All extant applications were adjourned to the Judicial Duty List.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Palmer and Palmer [2009] FamCAFC 9