COPE & KERRY

Case

[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.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Procedural Fairness

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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