Elgin and Elgin (No 2)
Case
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[2012] FamCA 1158
•18 July 2012
Details
AGLC
Case
Decision Date
Elgin and Elgin (No 2) [2012] FamCA 1158
[2012] FamCA 1158
18 July 2012
CaseChat Overview and Summary
The Full Court of the Family Court of Australia, constituted by Forrest J, considered an application in the matter of *Elgin and Elgin (No 2)*. The dispute concerned an application for leave to appeal a final order made by a judicial registrar.
The primary legal issue before the Full Court was whether the applicant had demonstrated that the appeal had a reasonably arguable prospect of success, a prerequisite for granting leave to appeal under the relevant rules.
Forrest J applied the principles governing applications for leave to appeal, which require the applicant to show more than a mere possibility of success. The court considered the grounds of appeal and the evidence before the judicial registrar, ultimately finding that the applicant had failed to establish a reasonably arguable prospect of success.
Consequently, the application for leave to appeal was dismissed.
The primary legal issue before the Full Court was whether the applicant had demonstrated that the appeal had a reasonably arguable prospect of success, a prerequisite for granting leave to appeal under the relevant rules.
Forrest J applied the principles governing applications for leave to appeal, which require the applicant to show more than a mere possibility of success. The court considered the grounds of appeal and the evidence before the judicial registrar, ultimately finding that the applicant had failed to establish a reasonably arguable prospect of success.
Consequently, the application for leave to appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Abuse of Process
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Res Judicata
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Stay of Proceedings
Actions
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Citations
Elgin and Elgin (No 2) [2012] FamCA 1158
Most Recent Citation
Elgin and Elgin (Costs) [2015] FamCAFC 228
Cases Citing This Decision
2
Liveson and Zhou
[2019] FamCA 878
Elgin and Elgin (Costs)
[2015] FamCAFC 228
Cases Cited
1
Statutory Material Cited
1