GULL & GULL

Case

[2017] FamCA 424

16 June 2017


Details
AGLC Case Decision Date
GULL & GULL [2017] FamCA 424 [2017] FamCA 424 16 June 2017

CaseChat Overview and Summary

In the matter of *Gull & Gull*, Thornton J of the Family Court of Australia considered an application by the husband for leave to review orders previously made by a Registrar. The wife’s application was dismissed.

The central legal issues before the court were whether to grant the husband leave to file his application for review out of time, and consequently, what orders should be made regarding the review of the Registrar's decision concerning costs.

Thornton J granted the husband leave to file his application for review late, indicating a willingness to reconsider the Registrar's orders. The court then discharged the orders made by Registrar Mestrovic on 12 October 2016. The court further directed the husband to file and serve an amended itemised costs account by 30 June 2017, limited to party/party costs related to a specific application from 2012. Provisions were made for the wife to request file notes for disputed items within that timeframe, and she was ordered to file an amended notice disputing the itemised costs account by 28 July 2017. Finally, specific paragraphs of the wife's response to an earlier application were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Remedies

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