Woodhurst and Rubbens (No 2)

Case

[2016] FamCA 786

9 September 2016


Details
AGLC Case Decision Date
Woodhurst and Rubbens (No 2) [2016] FamCA 786 [2016] FamCA 786 9 September 2016

CaseChat Overview and Summary

In *Woodhurst and Rubbens (No 2)*, Austin J of the Family Court of Australia considered applications by the wife and the husband concerning property settlement and related matters. The wife had filed two applications in a case, one on 7 September 2016 and another on 2 September 2016. The husband had also filed an application for the issue of a Third Party Debt Notice on 2 September 2016.

The court was required to determine the fate of the wife's applications and the husband's application for a Third Party Debt Notice. Additionally, the court needed to consider the implementation of a previous order made on 11 August 2016, as amended on 29 August 2016, and the question of costs.

Austin J dismissed the wife's applications filed on both 7 September 2016 and 2 September 2016. The husband's application for a Third Party Debt Notice was also dismissed, and the notice itself was discharged. The court further ordered that the Registrar of the Family Court of Australia (Sydney Registry) be empowered to execute all necessary documents on behalf of the wife for the implementation of the earlier order, pursuant to s 106A of the *Family Law Act 1975* (Cth). The wife was ordered to pay the husband's costs of the interim hearing on a party/party basis, with payment suspended until the final trial of the property settlement applications. The parties did not require the publication of reasons for the costs order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

2

Cary and Dalgard [2018] FCCA 2942
Aitken & Aitken (No 6) [2022] FedCFamC1F 996
Cases Cited

5

Statutory Material Cited

2

Christian & Donald [2008] FamCAFC 44