Forlan and Forlan and Anor
Case
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[2017] FamCA 58
•9 February 2017
Details
AGLC
Case
Decision Date
Forlan and Forlan and Anor [2017] FamCA 58
[2017] FamCA 58
9 February 2017
CaseChat Overview and Summary
In the matter of *Forlan and Forlan and Anor*, Berman J of the Federal Circuit Court of Australia considered an application by the wife for certain orders, and a counter-application by the husband for a certificate under section 128 of the *Evidence Act 1995* (Cth). The wife's application, filed on 4 November 2016, and an oral application made on 18 November 2016, were both dismissed by the Court.
The primary legal issue before the Court was whether the wife's applications for orders should be granted. Concurrently, the Court was required to determine the merits of the husband's application for a certificate pursuant to section 128 of the *Evidence Act 1995* (Cth), which relates to the protection of a witness from the consequences of giving evidence.
The Court's reasoning and the specific legal principles applied in dismissing both the wife's applications and the husband's application for a certificate are not detailed in the provided text. However, the outcome indicates that the Court found no basis to grant the relief sought by either party in relation to these specific applications.
Consequently, the Further Amended Application in a Case filed by the wife on 4 November 2016 and her oral application of 18 November 2016 were dismissed. The husband's oral application for a certificate under section 128 of the *Evidence Act 1995* (Cth) was also dismissed.
The primary legal issue before the Court was whether the wife's applications for orders should be granted. Concurrently, the Court was required to determine the merits of the husband's application for a certificate pursuant to section 128 of the *Evidence Act 1995* (Cth), which relates to the protection of a witness from the consequences of giving evidence.
The Court's reasoning and the specific legal principles applied in dismissing both the wife's applications and the husband's application for a certificate are not detailed in the provided text. However, the outcome indicates that the Court found no basis to grant the relief sought by either party in relation to these specific applications.
Consequently, the Further Amended Application in a Case filed by the wife on 4 November 2016 and her oral application of 18 November 2016 were dismissed. The husband's oral application for a certificate under section 128 of the *Evidence Act 1995* (Cth) was also dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
Actions
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Most Recent Citation
Khoi & Khoi [2022] FedCFamC2F 932
Cases Cited
2
Statutory Material Cited
3
Cornwell v The Queen
[2007] HCA 12
Cornwell v The Queen
[2007] HCA 12
Turner and Brown (No 2)
[2014] FamCA 226