Ying and Lang

Case

[2016] FamCA 1179

5 July 2016


Details
AGLC Case Decision Date
Ying and Lang [2016] FamCA 1179 [2016] FamCA 1179 5 July 2016

CaseChat Overview and Summary

In the matter of *Ying and Lang*, heard before Macmillan J, the applicant sought a declaration pursuant to s 9RD of the *Family Law Act 1975* (Cth). The dispute concerned the allocation of judicial resources for the hearing of this application and related proceedings.

The court was required to determine the appropriate listing and priority for the applicant's application for a declaration under s 9RD of the *Family Law Act 1975* (Cth), as well as the applicant's subsequent application and the respondent's response. The court also needed to consider the reservation of liberty to apply for injunctive relief and the fixing of costs for the day.

Macmillan J ordered that the applicant's amended initiating application, the applicant's application in a case, and the respondent's amended response be placed on the list of cases awaiting allocation to a judicial docket with priority from the date of the order. The court noted the parties' estimate that the matter would require between four and six days for hearing. Liberty was reserved to the parties to apply for injunctive relief at the hearing of the jurisdictional issue. The costs of the day for both the applicant and the respondent were fixed and reserved to the final hearing of the application for a declaration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

  • Procedural Fairness

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