Esdale & Schenk
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
Actions
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Citations
Esdale & Schenk [2012] FamCA 111
Most Recent Citation
Kramer & Kramer [2023] FedCFamC2F 221
Cases Citing This Decision
22
GLOVER & WEBSTER
[2020] FamCA 422
Atkins & Hunt And Ors
[2018] FamCA 14
Costigan & Costigan and Ors (No 2)
[2017] FamCA 886
Cases Cited
6
Statutory Material Cited
2
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[1944] HCA 5
Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate
[2016] HCA 41
Residual Assco Group Ltd v Spalvins
[2000] HCA 33