Wolter and Wolter

Case

[2010] FamCA 1118

2 December 2010


Details
AGLC Case Decision Date
Wolter and Wolter [2010] FamCA 1118 [2010] FamCA 1118 2 December 2010

CaseChat Overview and Summary

In the matter of *Wolter and Wolter*, heard before Watts J, the husband sought to vacate a hearing date scheduled for 21 December 2010. The wife sought leave to file and serve an updating affidavit concerning property mortgages and her employment situation. Both parties also sought leave to file and serve updating financial statements and summaries of argument.

The primary legal issue before the court was whether to grant the husband's application to vacate the hearing date. Ancillary to this, the court considered applications for leave to file and serve updated affidavits and financial statements, as well as summaries of argument, in preparation for the scheduled hearing.

Watts J dismissed the husband's application to vacate the hearing date. The court granted leave to the wife to file and serve an updating affidavit regarding property mortgages and her employment by 14 December 2010. Similar leave was granted to the husband to file and serve any updating affidavit by the same date. Furthermore, both parties were granted leave to file and serve updating financial statements by 14 December 2010, and summaries of argument were to be filed and served by 17 December 2010. The costs of the hearing were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

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