Egbert & Egbert (No 2)

The applicant, Egbert, sought to review a registrar's decision out of time in proceedings between Egbert and Egbert (No 2). The respondent, Egbert, opposed the application. The matter came before Johns J in the Family Court of Australia.

The primary legal issue before the court was whether the applicant's application to review the registrar's decision, filed significantly out of time, should be permitted, particularly given that the substantive issue had already been determined. A secondary issue concerned the husband's application for costs, given his complete lack of success in the proceedings.

Johns J dismissed the application to review the registrar's decision. His Honour found that the application was out of time and that the substantive issue had already been determined, giving rise to the doctrine of *res judicata*. The court held that there was no basis to permit the review application to proceed out of time. Regarding costs, as the husband was wholly unsuccessful, no order for costs was made.