COPE & KERRY
Case
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[2015] FCCA 373
•24 February 2015
Details
AGLC
Case
Decision Date
Cope and Kerry [2015] FCCA 373
[2015] FCCA 373
24 February 2015
CaseChat Overview and Summary
In the matter of *Cope & Kerry*, heard before Judge Lapthorn, the applicant sought leave to apply for an order under section 90SM of the *Family Law Act 1975* (Cth) notwithstanding the expiration of the standard application period. The precise nature of the dispute between the parties, and the specific relief sought under section 90SM, are not detailed in the provided extract.
The central legal issue before the Court was whether to grant the applicant leave to proceed with an application for an order under section 90SM of the *Family Law Act 1975* (Cth) outside the prescribed time limits. This required the Court to consider the provisions of section 44(6) of the Act, which governs the granting of such leave.
Judge Lapthorn granted the application, ordering that pursuant to section 44(6) of the *Family Law Act 1975* (Cth), leave be granted for the applicant to apply for an order under section 90SM notwithstanding the expiration of the standard application period. The reasoning behind this decision, including the specific factors considered by the Court in exercising its discretion under section 44(6), is not elaborated upon in the provided text.
The central legal issue before the Court was whether to grant the applicant leave to proceed with an application for an order under section 90SM of the *Family Law Act 1975* (Cth) outside the prescribed time limits. This required the Court to consider the provisions of section 44(6) of the Act, which governs the granting of such leave.
Judge Lapthorn granted the application, ordering that pursuant to section 44(6) of the *Family Law Act 1975* (Cth), leave be granted for the applicant to apply for an order under section 90SM notwithstanding the expiration of the standard application period. The reasoning behind this decision, including the specific factors considered by the Court in exercising its discretion under section 44(6), is not elaborated upon in the provided text.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Limitation Periods
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Procedural Fairness
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Citations
Cope and Kerry [2015] FCCA 373
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Tamaniego & Tamaniego
[2010] FamCAFC 254
Montano & Kinross
[2014] FamCAFC 231
Gallo v Dawson
[1990] HCA 30