Wold and Kleppir (No. 2)
Case
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[2009] FamCA 188
•17 February 2009
Details
AGLC
Case
Decision Date
Wold and Kleppir (No. 2) [2009] FamCA 188
[2009] FamCA 188
17 February 2009
CaseChat Overview and Summary
In the matter of Wold and Kleppir (No. 2), Barry J considered an application by the Mother for costs. The dispute concerned the determination of costs in relation to proceedings between the parties.
The primary legal issue before the court was whether the Mother's application for costs should be acceded to, and if so, whether those costs should be awarded on an indemnity basis. The court was also required to make further directions for the trial of the matter scheduled for 25 and 26 March 2009.
Barry J acceded to the Mother's application for costs. The question of whether the ordered costs should be indemnity costs was reserved for the trial of the matter. The court also issued a series of directions to ensure the efficient conduct of the trial, including deadlines for the filing and service of affidavit material, the issuance and return of subpoenas, the delivery of objections to evidence and responses thereto, the indication of witnesses required for cross-examination, the filing of lists of documents, and the inspection of subpoenaed material. Leave was also granted for the updating of family reports.
The primary legal issue before the court was whether the Mother's application for costs should be acceded to, and if so, whether those costs should be awarded on an indemnity basis. The court was also required to make further directions for the trial of the matter scheduled for 25 and 26 March 2009.
Barry J acceded to the Mother's application for costs. The question of whether the ordered costs should be indemnity costs was reserved for the trial of the matter. The court also issued a series of directions to ensure the efficient conduct of the trial, including deadlines for the filing and service of affidavit material, the issuance and return of subpoenas, the delivery of objections to evidence and responses thereto, the indication of witnesses required for cross-examination, the filing of lists of documents, and the inspection of subpoenaed material. Leave was also granted for the updating of family reports.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Discovery
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Procedural Fairness
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