Fulwood and Wettons (No 3)

Case

[2009] FamCA 1318

11 September 2009


Details
AGLC Case Decision Date
Fulwood and Wettons (No 3) [2009] FamCA 1318 [2009] FamCA 1318 11 September 2009

CaseChat Overview and Summary

In the matter of *Fulwood and Wettons (No 3)*, Strickland J of the Family Court of Australia considered an application filed by the father concerning parenting orders. The dispute involved specific paragraphs of an application filed on 26 August 2009, and the mother sought leave to file an affidavit.

The court was required to determine whether paragraphs 1 and 2 of the father's application should be dismissed and removed from the active pending cases list. Additionally, the court had to consider whether further consideration of paragraph 3 of the father's application should be adjourned, and whether to grant the mother leave to file her affidavit filed on 27 August 2009, retrospectively.

Strickland J ordered the dismissal and removal of paragraphs 1 and 2 of the father's application from the active pending cases list. Further consideration of paragraph 3 of the father's application was adjourned to a date to be fixed. Leave was granted *nunc pro tunc* to the mother to file her affidavit filed on 27 August 2009.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Re JRL; Ex parte CJL [1986] HCA 39