Elgin and Elgin (No 2)

Case

[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.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Res Judicata

  • Stay of Proceedings

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Cases Citing This Decision

2

Liveson and Zhou [2019] FamCA 878
Elgin and Elgin (Costs) [2015] FamCAFC 228