Johnston v Johnston [2004] NSWSC 497

Given the family relationship between the parties and the completion of evidence, it is appropriate to order compulsory mediation as the parties may benefit from a negotiated solution.

Parties: Plaintiff: Monica Muriel Johnston; Defendant: Geoffrey Richard Johnston
Jurisdiction: Australia
Judgment Date: 07 June 2004
Procedural Posture: Family Provision Act Claim / Application for Compulsory Mediation
Outcome: Compulsory mediation ordered
Legal Topics: Compulsory Mediation, Settlement, Family Dispute

Equity Family Provision Compulsory Mediation Settlement Family Dispute

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Monica Muriel Johnston

Plaintiff

Geoffrey Richard Johnston

Defendant

Procedural Posture

Family Provision Act Claim / Application for Compulsory Mediation

Legal Issues

1 Whether an order for compulsory mediation should be made

Ratio Decidendi

Given the family relationship between the parties and the completion of evidence, it is appropriate to order compulsory mediation as the parties may benefit from a negotiated solution.

Court Disposition

Compulsory mediation ordered

Orders

Order 1 in the notice of motion made
Costs of the application will be costs in the cause