Wellen and Wellen

Case

[2018] FCCA 1187

11 April 2018


Details
AGLC Case Decision Date
Wellen and Wellen [2018] FCCA 1187 [2018] FCCA 1187 11 April 2018

CaseChat Overview and Summary

In the matter of *Wellen and Wellen*, heard before Judge Egan of the Federal Circuit Court of Australia, the dispute concerned an application for costs and the provision of financial documents. The applicant sought costs thrown away due to an adjournment, and the respondent was ordered to provide specific tax documentation.

The court was required to determine the basis upon which the applicant's costs thrown away should be assessed, and to order the provision of the respondent's 2016/2017 income tax return and 2017 income tax assessment. Furthermore, the court needed to set a date for the further hearing of the substantive matter.

Judge Egan ordered that the respondent pay the applicant's costs thrown away as a result of the adjournment on 12 March 2018, and that these costs be assessed on an indemnity basis. The quantification of these costs was adjourned for further consideration. The respondent was also ordered to provide copies of his 2016/2017 income tax return and 2017 income tax assessment to the applicant's solicitors forthwith. The further hearing of the matter was adjourned to the sitting week commencing 4 June 2018, with liberty for either party to apply to relist the matter on five days' notice.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

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