Walker and Walker (No 2)
Case
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[2014] FamCA 1152
•12 November 2014
Details
AGLC
Case
Decision Date
Walker and Walker (No 2) [2014] FamCA 1152
[2014] FamCA 1152
12 November 2014
CaseChat Overview and Summary
In the matter of *Walker and Walker (No 2)*, Benjamin J considered an application by the husband to vacate property and costs orders previously made on 17 July 2014. The proceedings concerned a property settlement between the parties.
The court was required to determine whether the existing property and costs orders should be set aside and, if so, to make new directions for the future conduct of the proceedings. This included establishing a timetable for the filing of further evidence, appointing single experts to provide updated reports, and setting a date for a final hearing.
Benjamin J vacated the property and costs orders made on 17 July 2014. The court then listed the proceedings for a priority final hearing on 11, 12, and 13 February 2015. Directions were made for the appointment of single experts to provide updated reports on the valuation of chattels and real property, with parties to provide instructions to these experts within twenty-one days. The husband was ordered to pay the wife's legal costs of the proceedings and the application to vacate the previous orders on a specified basis. Further directions were given regarding the filing of affidavits, discovery of documents relating to livestock sales, and the provision of case outlines by both parties.
The court was required to determine whether the existing property and costs orders should be set aside and, if so, to make new directions for the future conduct of the proceedings. This included establishing a timetable for the filing of further evidence, appointing single experts to provide updated reports, and setting a date for a final hearing.
Benjamin J vacated the property and costs orders made on 17 July 2014. The court then listed the proceedings for a priority final hearing on 11, 12, and 13 February 2015. Directions were made for the appointment of single experts to provide updated reports on the valuation of chattels and real property, with parties to provide instructions to these experts within twenty-one days. The husband was ordered to pay the wife's legal costs of the proceedings and the application to vacate the previous orders on a specified basis. Further directions were given regarding the filing of affidavits, discovery of documents relating to livestock sales, and the provision of case outlines by both parties.
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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Costs
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Discovery
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Expert Evidence
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Procedural Fairness
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Remedies
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Stay of Proceedings
Actions
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Barbey & Tuttle
[2013] FamCAFC 44
Clifford & Mountford
[2006] FMCAfam 450