CHRISTENSEN & POWELL
Case
•
[2020] FamCA 345
•11 May 2020
Details
AGLC
Case
Decision Date
CHRISTENSEN & POWELL [2020] FamCA 345
[2020] FamCA 345
11 May 2020
CaseChat Overview and Summary
In *Christensen & Powell*, heard by Gill J, the Respondent Husband sought to reopen proceedings to adduce further evidence concerning the value of a recreational vehicle and a property he formerly owned.
The central legal issue before the court was whether to permit the Respondent Husband to reopen the proceedings to present this additional evidence.
Gill J refused the application to reopen the proceedings. The court applied the principles governing the reopening of proceedings, which generally require a compelling reason for the evidence not to have been presented earlier and for the evidence to be likely to have a significant impact on the outcome. The decision indicates that the threshold for reopening proceedings was not met in this instance.
The central legal issue before the court was whether to permit the Respondent Husband to reopen the proceedings to present this additional evidence.
Gill J refused the application to reopen the proceedings. The court applied the principles governing the reopening of proceedings, which generally require a compelling reason for the evidence not to have been presented earlier and for the evidence to be likely to have a significant impact on the outcome. The decision indicates that the threshold for reopening proceedings was not met in this instance.
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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Citations
CHRISTENSEN & POWELL [2020] FamCA 345
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Reid v Brett
[2005] VSC 18
Gallo v Dawson
[1990] HCA 30
Gallo v Dawson
[1990] HCA 30