Esdale & Schenk

Case

[2012] FamCA 111

12 March 2012


Details
AGLC Case Decision Date
Esdale & Schenk [2012] FamCA 111 [2012] FamCA 111 12 March 2012

CaseChat Overview and Summary

In *Esdale & Schenk*, heard before Murphy J, the applicant sought leave to file an amended application for final orders, while the respondent sought dismissal of the applicant's application filed on 1 February 2012. The respondent also sought dismissal of specific paragraphs within their own response filed on 29 February 2012.

The central legal issues before the court were whether the applicant should be granted leave to amend their application for final orders, and whether the respondent's application to dismiss the applicant's originating application should be upheld. Additionally, the court had to consider the respondent's application to strike out parts of their own response.

Murphy J granted the applicant leave to file an amended application for final orders. The court dismissed the applicant's original application filed on 1 February 2012, and also dismissed paragraphs 2 and 3 of the respondent's response filed on 29 February 2012. The question of costs associated with the dismissed application was reserved for the trial judge.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

22

GLOVER & WEBSTER [2020] FamCA 422
Atkins & Hunt And Ors [2018] FamCA 14
Cases Cited

6

Statutory Material Cited

2

Cameron v Cole [1944] HCA 5