Winter and Winter

Case

[2010] FamCA 282

5 March 2010


Details
AGLC Case Decision Date
Winter and Winter [2010] FamCA 282 [2010] FamCA 282 5 March 2010

CaseChat Overview and Summary

This matter came before O’Reilly J concerning applications made by the wife. The wife had filed applications alleging contempt against the respondents and seeking the appointment of a receiver. The court was also required to consider contravention applications made by the wife concerning disclosure obligations.

The legal issues before the court included whether the wife's applications for contempt and for the appointment of a receiver should be dismissed, and the appropriate orders to be made regarding the wife's contravention applications concerning disclosure. The court also had to determine the future procedural steps for the litigation, including the inspection and copying of documents, the filing of affidavits and financial statements by both parties, and the setting of a trial date.

O’Reilly J dismissed the wife's contempt applications and her application for the appointment of a receiver. The court vacated certain previous orders made by Registrar Green and made new orders regarding the inspection and copying of documents disclosed by the husband and third to sixth respondents. The court also set strict timelines for the parties to file and serve affidavits, financial statements, and lists of relied-upon affidavits, and directed the parties to use their best endeavours to prepare an indexed bundle of core documents. The trial was listed to commence on 12 April 2010 for eight days, with a compliance check scheduled beforehand.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Appeal

Actions
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Most Recent Citation
Hinde and Hinde [2010] FamCA 583

Cases Citing This Decision

1

Hinde and Hinde [2010] FamCA 583
Cases Cited

0

Statutory Material Cited

1