Ethan and Humphreys
Case
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[2016] FCCA 3086
•1 December 2016
Details
AGLC
Case
Decision Date
Ethan and Humphreys [2016] FCCA 3086
[2016] FCCA 3086
1 December 2016
CaseChat Overview and Summary
In the matter of *Ethan and Humphreys*, heard before Judge Curtain, the primary dispute concerned an application by Mr Ethan for leave to commence proceedings out of time under section 90SM of the *Family Law Act 1975*. This application was central to the broader set of applications and responses filed by the parties.
The court was required to determine whether Mr Ethan should be granted leave to institute proceedings after the prescribed time limit had expired. This involved an assessment of the merits of his proposed case and the reasons for the delay in its commencement.
Judge Curtain dismissed Mr Ethan's application for leave to proceed out of time. The court also dismissed all other outstanding applications and responses filed by the parties. Liberty was reserved for the parties to make further submissions to the court specifically on the issue of costs.
The court was required to determine whether Mr Ethan should be granted leave to institute proceedings after the prescribed time limit had expired. This involved an assessment of the merits of his proposed case and the reasons for the delay in its commencement.
Judge Curtain dismissed Mr Ethan's application for leave to proceed out of time. The court also dismissed all other outstanding applications and responses filed by the parties. Liberty was reserved for the parties to make further submissions to the court specifically on the issue of costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Limitation Periods
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Costs
Actions
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Citations
Ethan and Humphreys [2016] FCCA 3086
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
3
Re F: Litigants in person guidelines
[2001] FamCA 348
Riordan & Riordan
[2012] FMCAfam 1297