AYDIN & AYDIN
Case
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[2015] FamCA 802
•27 March 2015
Details
AGLC
Case
Decision Date
AYDIN & AYDIN [2015] FamCA 802
[2015] FamCA 802
27 March 2015
CaseChat Overview and Summary
In the matter of *Aydin & Aydin*, heard before Macmillan J, the parties brought before the court applications concerning unresolved parenting issues.
The central legal issue before the court was the appropriate course of action for applications that were not yet ready for a final hearing, despite being extant.
Macmillan J determined that the most appropriate course was to strike out the extant applications. However, to ensure that genuine parenting issues requiring judicial determination were not prejudiced, the court provided a mechanism for reinstatement. Parties could have the applications reinstated by certifying to the Registrar that unresolved parenting issues remained and that the matter was otherwise ready to proceed to a final hearing.
Accordingly, all extant applications were struck out with the right of the parties to have them reinstated under the specified conditions.
The central legal issue before the court was the appropriate course of action for applications that were not yet ready for a final hearing, despite being extant.
Macmillan J determined that the most appropriate course was to strike out the extant applications. However, to ensure that genuine parenting issues requiring judicial determination were not prejudiced, the court provided a mechanism for reinstatement. Parties could have the applications reinstated by certifying to the Registrar that unresolved parenting issues remained and that the matter was otherwise ready to proceed to a final hearing.
Accordingly, all extant applications were struck out with the right of the parties to have them reinstated under the specified conditions.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Procedural Fairness
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Remedies
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Stay of Proceedings
Actions
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Citations
AYDIN & AYDIN [2015] FamCA 802
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