Yilmaz & Anor and Yilmaz
Case
•
[2013] FamCA 533
•2 May 2013
Details
AGLC
Case
Decision Date
Yilmaz & Anor and Yilmaz [2013] FamCA 533
[2013] FamCA 533
2 May 2013
CaseChat Overview and Summary
In the matter of *Yilmaz & Anor and Yilmaz*, heard before Le Poer Trench J, the applicants sought to dismiss an application filed by the respondent. The core of the dispute revolved around enforcement proceedings initiated by the respondent.
The court was required to determine whether the applicants' application to dismiss the respondent's enforcement proceedings should be granted. This involved considering the merits of the respondent's application for enforcement and the grounds upon which the applicants sought its dismissal.
Le Poer Trench J dismissed the applicants' application. The court then listed the respondent's application for enforcement for further hearing dates, directing the respondent to file and serve any amended enforcement application by 23 May 2013. The applicants were ordered to file and serve their response and supporting affidavit material by 13 June 2013. Furthermore, any applications for costs arising from these orders were to be filed and served by 23 May 2013, with responses due by 13 June 2013, and these costs applications were to be heard on 17 June 2013.
The court was required to determine whether the applicants' application to dismiss the respondent's enforcement proceedings should be granted. This involved considering the merits of the respondent's application for enforcement and the grounds upon which the applicants sought its dismissal.
Le Poer Trench J dismissed the applicants' application. The court then listed the respondent's application for enforcement for further hearing dates, directing the respondent to file and serve any amended enforcement application by 23 May 2013. The applicants were ordered to file and serve their response and supporting affidavit material by 13 June 2013. Furthermore, any applications for costs arising from these orders were to be filed and served by 23 May 2013, with responses due by 13 June 2013, and these costs applications were to be heard on 17 June 2013.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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Most Recent Citation
Selkirk and Caporn and Anor [2016] FCWA 26
Cases Citing This Decision
2
Eastman v Besanko
[2010] ACTCA 15
Selkirk and Caporn and Anor
[2016] FCWA 26
Cases Cited
6
Statutory Material Cited
2
Keet v Ward
[2011] WASCA 139
Port of Melbourne Authority v Anshun Pty Ltd
[1981] HCA 45
Pagliotti & Hartner
[2009] FamCAFC 18