Eddington & Eddington

In *Eddington & Eddington*, the applicant sought an extension of time to file an appeal against a decision of the Family Court. The respondent opposed the application.

The primary legal issue before Boland J was whether to grant the applicant an extension of time to appeal, considering the principles established in *Gallo v Dawson*. This involved assessing the merits of the proposed grounds of appeal and the overall justice of the case.

Boland J applied the principles from *Gallo v Dawson*, which require a balancing of factors including the length of the delay, the reasons for the delay, the merits of the proposed appeal, and the prejudice to the respondent. Her Honour noted that one of the proposed grounds of appeal raised a question that warranted appellate consideration in light of recent legislative amendments. On balance, Boland J found it appropriate to grant the extension of time.

The application for an extension of time was allowed.