Billingsly and Billingsly
Case
•
[2017] FamCA 574
•8 August 2017
Details
AGLC
Case
Decision Date
Billingsly and Billingsly [2017] FamCA 574
[2017] FamCA 574
8 August 2017
CaseChat Overview and Summary
In the matter of *Billingsly and Billingsly*, Cronin J of the Family Court of Australia considered an application by the husband under s 79A of the *Family Law Act 1975* (Cth), filed on 27 October 2016. The wife filed a response to this application.
The central legal issue before the court was whether the husband's application under s 79A of the *Family Law Act 1975* (Cth) should be summarily dismissed.
Cronin J summarily dismissed the husband's application. The wife's response was also dismissed, with the court noting that any application for costs arising from these orders was to be made by written submission by 7 September 2017, with responses due by 21 September 2017, and all costs applications to be determined in chambers. The court certified that it was reasonable to engage counsel to attend on 2 August 2017, pursuant to Order 19.50 of the *Family Law Rules 2004*.
The central legal issue before the court was whether the husband's application under s 79A of the *Family Law Act 1975* (Cth) should be summarily dismissed.
Cronin J summarily dismissed the husband's application. The wife's response was also dismissed, with the court noting that any application for costs arising from these orders was to be made by written submission by 7 September 2017, with responses due by 21 September 2017, and all costs applications to be determined in chambers. The court certified that it was reasonable to engage counsel to attend on 2 August 2017, pursuant to Order 19.50 of the *Family Law Rules 2004*.
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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Summary Judgment
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Costs
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
Sali v SPC Ltd
[1993] HCA 47
WARNER & WARNER
[2016] FamCAFC 243