Thrussell and Thrussell

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Remedies

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