Carey v Carey [2008] FCA 1581

Carey v Carey [2008] FCA 1581

Given the interconnectedness of the present case with previous proceedings and to promote judicial efficiency and fairness, it is appropriate for Justice Flick, who has extensive knowledge of the background and evidence, to determine the jurisdictional issues. Accordingly, the hearing before Graham J is vacated, the matter is listed for directions before Justice Flick, and costs follow the events as specified.

Jurisdiction
Australia
Judgment Date
17 October 2008
Procedural Posture
Civil / Interlocutory (directions and Costs Orders Pending Determination of Jurisdictional Notice of Motion)
Outcome
Hearing before Graham J vacated; proceedings and directions to be listed before Justice Flick; costs orders as specified
Legal Topics
["executor's Rights" 'recovery of Estate Assets' 'federal Jurisdiction' 'preliminary Discovery' 'injunctive Relief' 'jurisdictional Challenges' 'costs']
['succession Law' 'equity' 'federal Tax Law' 'civil Procedure'] ["executor's Rights" 'recovery of Estate Assets' 'federal Jurisdiction' 'preliminary Discovery' 'injunctive Relief' 'jurisdictional Challenges' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory (directions and Costs Orders Pending Determination of Jurisdictional Notice of Motion)

Legal Issues

  1. 1 ['Whether the matter should be transferred to Justice Flick for determination of jurisdictional issues' "Whether the hearing date of the respondent's motion should be vacated" 'Entitlement to costs from vacating hearing and dealing with motions']

Ratio Decidendi

Given the interconnectedness of the present case with previous proceedings and to promote judicial efficiency and fairness, it is appropriate for Justice Flick, who has extensive knowledge of the background and evidence, to determine the jurisdictional issues. Accordingly, the hearing before Graham J is vacated, the matter is listed for directions before Justice Flick, and costs follow the events as specified.

Court Disposition

Hearing before Graham J vacated; proceedings and directions to be listed before Justice Flick; costs orders as specified

Orders

  • ["The hearing of the respondent's Notice of Motion filed 29 August 2008 presently fixed before Graham J for 31 October 2008 be vacated." 'The Notice of Motion filed 29 August 2008 be fixed for directions before Justice Flick at 9.30am on Monday, 27 October 2008.' "The respondent's costs of the applicants' Notice of...