Thrussell and Thrussell
Case
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[2019] FamCA 344
•30 May 2019
Details
AGLC
Case
Decision Date
Thrussell and Thrussell [2019] FamCA 344
[2019] FamCA 344
30 May 2019
CaseChat Overview and Summary
In the matter of *Thrussell and Thrussell*, Hartnett J considered an application by the husband, which had been dismissed by Justice Johns on 23 April 2018 in relation to parenting matters. The current proceedings concerned the husband's further application filed on 24 November 2017.
The primary legal issue before Hartnett J was whether to uphold the dismissal of the husband's application and to determine the question of costs.
Hartnett J reasoned that the husband's application was to be dismissed. The court ordered that the previous orders made on 15 May 2019 be discharged, and the husband's application filed on 24 November 2017 be dismissed. The matter was removed from the list of active cases. The court also ordered that the question of the husband's payment of the wife's costs, on an indemnity or other basis from 8 April 2019, be determined by the Court upon written submissions and affidavit evidence from the parties. The wife was to file and serve her submissions within 28 days, with the husband to respond within 28 days thereafter. Proof of service on the husband was to be provided by the wife.
The primary legal issue before Hartnett J was whether to uphold the dismissal of the husband's application and to determine the question of costs.
Hartnett J reasoned that the husband's application was to be dismissed. The court ordered that the previous orders made on 15 May 2019 be discharged, and the husband's application filed on 24 November 2017 be dismissed. The matter was removed from the list of active cases. The court also ordered that the question of the husband's payment of the wife's costs, on an indemnity or other basis from 8 April 2019, be determined by the Court upon written submissions and affidavit evidence from the parties. The wife was to file and serve her submissions within 28 days, with the husband to respond within 28 days thereafter. Proof of service on the husband was to be provided by the wife.
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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Appeal
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Costs
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Procedural Fairness
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Remedies
Actions
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Citations
Thrussell and Thrussell [2019] FamCA 344
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Voth v Manildra Flour Mills Pty Ltd
[1990] HCA 55
Voth v Manildra Flour Mills Pty Ltd
[1990] HCA 55