Yew & Lin & Anor (No 2)

Case

[2015] FamCA 970

17 September 2015


Details
AGLC Case Decision Date
Yew & Lin & Anor (No 2) [2015] FamCA 970 [2015] FamCA 970 17 September 2015

CaseChat Overview and Summary

In the matter of *Yew & Lin & Anor (No 2)*, Justice Johns of the Family Court of Australia considered an application by the husband for leave to institute property settlement proceedings, alongside applications concerning security for costs and the adjournment of existing hearings. The wife sought security for costs, while the husband sought to proceed with his application for leave to commence property settlement proceedings.

The primary legal issues before the court were whether to grant the wife's application for security for costs, and how to manage the husband's application for leave to institute property settlement proceedings in light of outstanding procedural matters. The court also had to consider the appropriate listing of future hearings and the extension of time for compliance with existing orders.

Justice Johns ordered that the husband pay $15,000 into the trust account of the wife's lawyers as security for costs by 14 October 2015. The husband's application for leave to institute property settlement proceedings was listed for a final hearing on 21 October 2015, with all extant applications adjourned to that date. The hearing scheduled for 8 October 2015 was vacated. Furthermore, the court extended the time for the husband's compliance with certain orders to 2 October 2015 and the time for the wife's compliance with another order to 30 October 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Stay of Proceedings

  • Limitation Periods

  • Injunction

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

2