Worth and Worth (No 2)

Case

[2016] FamCA 173

12 January 2016


Details
AGLC Case Decision Date
Worth and Worth (No 2) [2016] FamCA 173 [2016] FamCA 173 12 January 2016

CaseChat Overview and Summary

In the matter of *Worth and Worth (No 2)*, Forrest J considered an application by the mother to review a Registrar's decision. The Registrar had previously ordered that the mother's "Application in a Case," filed on 15 December 2015, be listed for a future hearing on 14 March 2016. The mother sought to have this decision overturned and for her application to be determined at the current hearing.

The primary legal issue before the court was whether to uphold the Registrar's decision to defer the hearing of the mother's application or to grant the mother's request for an immediate determination. A secondary issue arose concerning the variation of a consent order made by a Principal Registrar on 15 September 2015.

Forrest J determined that the Registrar's decision to list the application for a future date was to be overturned. The court reasoned that the mother's application should be heard immediately. Furthermore, the court varied the previous consent order, specifically amending the provision relating to the drawing down of funds from a mortgage offset account. The amended order directed JC Lawyers to pay $50,000 to the trust account of ROSEN LAWYERS and $50,000 to the trust account of DAVID R.L. LAWS SOLICITORS, with these funds to be held on trust for their respective clients to cover legal costs and outlays, the categorisation of which was to be determined by the trial judge.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Consent

  • Procedural Fairness

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