WILKINS & WILKINS

Case

[2017] FamCA 902

9 November 2017


Details
AGLC Case Decision Date
WILKINS & WILKINS [2017] FamCA 902 [2017] FamCA 902 9 November 2017

CaseChat Overview and Summary

In *Wilkins & Wilkins*, the wife sought an interim property settlement under section 79 of the *Family Law Act 1975* (Cth). The husband contended that the sale of a property would be premature. The court was required to determine whether there was sufficient evidence at this stage of the proceedings to exercise the power under section 79 of the Act to make an order for property settlement.

The court found that the wife had not filed appropriate evidence in support of her interim application. Consequently, there was insufficient evidence before the court to make a just and equitable determination regarding property settlement at that juncture.

The wife's application was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Stanford v Stanford [2012] HCA 52