WALMSLEY & WALMSLEY

Case

[2010] FamCA 355

25 January 2010


Details
AGLC Case Decision Date
WALMSLEY & WALMSLEY [2010] FamCA 355 [2010] FamCA 355 25 January 2010

CaseChat Overview and Summary

The case of *Walmsley & Walmsley* concerned proceedings between a husband and wife. The husband had filed an Application in a Case on 9 October 2009, and a Response to an Application in a Case on 19 November 2009. The wife had also filed a Response to an Application in a Case on 2 November 2009. The proceedings were before Strickland J in the Family Court of Australia.

The primary legal issues before the court were whether to dismiss certain parts of the husband's applications and whether to adjourn further consideration of specific paragraphs of the wife's response and the case generally.

Strickland J ordered the dismissal of the husband's Response to an Application in a Case filed on 19 November 2009, and also dismissed and removed from the active pending cases list paragraphs 1 and 2 under the heading "Financial Issues" in the husband's Application in a Case filed on 9 October 2009. The court further ordered that further consideration of paragraph 10 of the wife's Response to an Application in a Case filed on 2 November 2009 be adjourned to 1 March 2010. Finally, the court ordered that further consideration of the case generally be adjourned to the same date, to be heard before Justice Dawe.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Jurisdiction

  • Stay of Proceedings

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