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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

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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