STOKES v MCCOURT [2012] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: STOKES v MCCOURT [2012] NSWSC 1337 Hearing dates: 2 November 2012 Decision date: 02 November 2012 Jurisdiction: Equity Division Before: Young AJ Decision: (1)No later than 23 November 2012, the defendant is to file an affidavit of discovery in the court and serve the same on the plaintiff solicitors; (2)No later than 30 November 2012, the parties are to exchange draft directions, which they seek to be made by the judge managing this case when it comes before him or her on 10 December 2012, and file a copy in the registry; (3)The notice to produce is adjourned and to be finalised before the duty judge on 10 December 2012, subject to the Chief Judge's concurrence; (4)The court stands over the notice of motion insofar as it deals with interim costs to be considered by the judge managing this case; (5)Direct that the case be case managed by a judge; (6)Costs of the notice of motion is reserved. Catchwords: FAMILY LAW - De Facto Relations - Proceedings to Set Aside Termination Deed with a view to obtaining court order for property settlement - Woman Applies for funding for expert assistance - Man alleges no jurisdiction - Held jurisdiction exists - Property (Relationships) Act 1984 NSW s 47(1) - Civil Procedure Act 2005 NSW s 98 Legislation Cited: Property (Relationships) Act 1984 NSW Civil Procedure Act 2005 NSW Cases Cited: Paris King Investment Pty Ltd v Rayhill [2006] NSWSC 578 Parker v Parker (1992) 16 FamLR 458 Strahan v Strahan [2009] FamCAFC 166 Category: Consequential orders Parties: Vanessa Therese Marge Veronica STOKES (Plaintiff) Matthew Robert Ernest MCCOURT (Defendant) Representation: J R Dupree (Plaintiff) R M Galloway (Defendant) Somerville Laundry Lomax Solicitors (Lismore) (Plaintiff) Wiltshire Lawyers (Southport, Qld) (Defendant File Number(s): SC 2010 / 148874