Carlson and Carlson
Case
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[2017] FamCA 1169
•9 November 2017
Details
AGLC
Case
Decision Date
Carlson and Carlson [2017] FamCA 1169
[2017] FamCA 1169
9 November 2017
CaseChat Overview and Summary
In the matter of *Carlson and Carlson*, heard by Cleary J, the husband sought to bring an application in a case, which was ultimately dismissed. The wife was also a party to the proceedings.
The central legal issue before the court was whether the husband's application should be permitted. The court was also required to consider the existing timetable for the filing of submissions in light of the husband's application.
Cleary J's reasoning appears to have led to the dismissal of the husband's application. However, the court did not entirely refuse to allow for further submissions, instead varying the existing timetable. This variation permitted the husband to file his submissions by 23 November 2017, the wife to file replies by 30 November 2017, and all parties to file further replies by 8 December 2017, pending further order.
The central legal issue before the court was whether the husband's application should be permitted. The court was also required to consider the existing timetable for the filing of submissions in light of the husband's application.
Cleary J's reasoning appears to have led to the dismissal of the husband's application. However, the court did not entirely refuse to allow for further submissions, instead varying the existing timetable. This variation permitted the husband to file his submissions by 23 November 2017, the wife to file replies by 30 November 2017, and all parties to file further replies by 8 December 2017, pending further order.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Appeal
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Costs
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Procedural Fairness
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Remedies
Actions
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Citations
Carlson and Carlson [2017] FamCA 1169
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Johnson v Johnson
[2000] HCA 48
Ebner v Official Trustee in Bankruptcy
[2000] HCA 63
Vakauta v Kelly
[1989] HCA 44