Collins and Balard

Case

[2013] FamCA 1088

19 December 2013


Details
AGLC Case Decision Date
Collins and Balard [2013] FamCA 1088 [2013] FamCA 1088 19 December 2013

CaseChat Overview and Summary

In the matter of *Collins and Balard*, Johns J of the Family Court of Australia considered an application by the paternal grandparents. The precise nature of the dispute is not detailed, but it involved an application filed by the paternal grandparents on 19 September 2012.

The court was required to determine whether to strike out the paternal grandparents' application. Crucially, the court also had to consider whether to grant a right of reinstatement for that application and, if so, the timeframe within which such reinstatement could be sought.

Johns J ordered that the paternal grandparents' application be struck out. However, the court provided a right of reinstatement, stipulating that any such application to reinstate must be filed no later than 1 July 2014.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Standing

  • Appeal

  • Abuse of Process

  • Remedies

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