Castilla and Castilla

Case

[2018] FCCA 2079

2 August 2018


Details
AGLC Case Decision Date
Castilla and Castilla [2018] FCCA 2079 [2018] FCCA 2079 2 August 2018

CaseChat Overview and Summary

In the matter of *Castilla and Castilla*, heard in the Federal Circuit Court of Australia, the applicant sought leave to make a property settlement application under section 79 of the *Family Law Act 1975* (Cth). The respondent's position in relation to this application is not detailed in the provided text.

The primary legal issue before the Court was whether to grant the applicant leave to proceed with a section 79 application, pursuant to sections 44(3) and (4) of the *Family Law Act 1975* (Cth). These sections typically impose time limits on the commencement of property settlement proceedings, and the applicant was seeking to overcome these limitations.

The Court granted the applicant leave to file the section 79 application within twenty-eight days of the order. The costs of the application and response were reserved, and the matter was adjourned for mention only in November 2018.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

Ibbott and Ibbott and Anor [2008] FMCAfam 38
Tamaniego & Tamaniego [2010] FamCAFC 254
Gallo v Dawson [1990] HCA 30