Ashe & Ashe

Case

[2021] FCCA 1605

16 July 2021


Details
AGLC Case Decision Date
Ashe & Ashe [2021] FCCA 1605 [2021] FCCA 1605 16 July 2021

CaseChat Overview and Summary

This matter concerned an application by Mr Ashe against Ms Ashe. The applicant sought to appeal a divorce order made on 7 September 2016, requesting an extension of time to file a notice of appeal. The court was presided over by Monahan J.

The primary legal issues before the court were whether to grant the applicant an extension of time to seek a review of the Registrar's divorce order and whether to grant leave for the applicant to pursue late-filed property proceedings against the respondent.

Monahan J declined to grant the applicant leave to pursue late-filed property proceedings. Furthermore, the court declined to extend the time for a review of the Registrar's divorce order made on 7 September 2016. The court's reasoning led to the dismissal of the application in a case filed on 7 February 2020, the discharge of paragraph 2 of orders made on 7 December 2020, and the dismissal of all other extant applications.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Limitation Periods

  • Procedural Fairness

  • Remedies

  • Res Judicata

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

0

Richardson & Richardson [2008] FamCAFC 107
Deves v Porter [2003] NSWSC 625
Montano & Kinross [2014] FamCAFC 231