Atkins and Hunt and Ors

Case

[2019] FamCA 822

7 November 2019


Details
AGLC Case Decision Date
Atkins and Hunt and Ors [2019] FamCA 822 [2019] FamCA 822 7 November 2019

CaseChat Overview and Summary

In *Atkins and Hunt and Ors*, heard by Watts J, the applicant sought to vary previous court orders concerning the filing and service of an affidavit by the second to seventh respondents. The dispute centred on the timing of this procedural step, with the respondents having filed the affidavit after the original deadline.

The primary legal issue before the court was whether to grant an extension of time for the second to seventh respondents to file and serve their affidavit, which had already been lodged and served on the applicant. The court was required to consider the existing orders and the circumstances surrounding the late filing.

Watts J varied the court's previous orders to extend the time for the respondents to file and serve the affidavit. The court noted that the affidavit had, in fact, already been filed and served on the applicant. Consequently, the court made an order extending the time for this procedural step, effectively regularising the late filing. A notation was also made in chambers to remark Exhibit 163 as Exhibit 48.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

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