Fulwood and Wettons (No 3)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
CPJ16 v Minister for Home Affairs
[2020] FCAFC 212
Re JRL; Ex parte CJL
[1986] HCA 39
Livesey v New South Wales Bar Association
[1983] HCA 17