Crees and Crees

Case

[2017] FamCA 745

21 September 2017


Details
AGLC Case Decision Date
Crees and Crees [2017] FamCA 745 [2017] FamCA 745 21 September 2017

CaseChat Overview and Summary

In *Crees and Crees*, the wife sought an expedited final hearing in the Family Court of Australia. The husband opposed this application.

The central legal issue before Johns J was whether the wife had satisfied the requirements of Rule 12.10A(1) of the *Family Law Rules 2004* (Cth) to justify an expedited final hearing. This rule permits the court to list a final hearing earlier than otherwise scheduled if it is satisfied that there are exceptional circumstances justifying such an expedited hearing.

Johns J dismissed the wife's application. The judgment indicates that the wife failed to demonstrate the existence of exceptional circumstances that would warrant departing from the usual court timetable and granting an expedited final hearing. The court applied the principles governing Rule 12.10A(1), requiring a high threshold of exceptionality to be met.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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