Bannerman and Frank

Case

[2015] FCCA 3171

19 November 2015


Details
AGLC Case Decision Date
Bannerman and Frank [2015] FCCA 3171 [2015] FCCA 3171 19 November 2015

CaseChat Overview and Summary

In the matter of *Bannerman and Frank*, heard by Judge Wilson, the applicant sought to abridge the first return date for an Initiating Application filed on 16 November 2015 and to vacate a Duty List hearing scheduled for 10 February 2016. The applicant also sought an adjournment of the matter to the Duty List on 14 December 2015 for mention, while simultaneously seeking the dismissal of an Application in a Case filed on 19 November 2015.

The central legal issue before the court was whether to grant the applicant's requests for procedural directions concerning the timing of the proceedings and the disposition of a separate application. Specifically, the court had to determine whether to abridge the return date of the initial application, vacate a future hearing, adjourn the matter for mention, and dismiss the subsequent application.

Judge Wilson ordered that the first return date for the Initiating Application be abridged and that the Duty List hearing of 10 February 2016 be vacated. The court further ordered that the matter be adjourned to the Duty List on 14 December 2015 for mention. Finally, the Application in a Case filed on 19 November 2015 was otherwise dismissed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

3

Bikri & Falco [2024] FedCFamC2F 1477
Bates & Ullman [2024] FedCFamC2F 1478
Canvin & Jesney [2021] FedCFamC2F 145
Cases Cited

1

Statutory Material Cited

2

Vibbard & Garcia [2012] FamCAFC 114
Vibbard & Garcia [2012] FamCAFC 114
Vibbard & Garcia [2012] FamCAFC 114