Hamblin and Wheaton
Case
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[2019] FCCA 1761
•21 May 2019
Details
AGLC
Case
Decision Date
Hamblin and Wheaton [2019] FCCA 1761
[2019] FCCA 1761
21 May 2019
CaseChat Overview and Summary
In the matter of *Hamblin and Wheaton*, heard before Judge Young, the dispute concerned an application by the de facto wife to extend the time for filing her Initiating Application. The de facto husband was the respondent.
The primary legal issue before the Court was whether to grant an extension of time pursuant to section 44(6) of the *Family Law Act 1975* for the applicant to file her Initiating Application.
Judge Young granted the extension of time, ordering that time be extended for the filing of the applicant's Initiating Application to 18 March 2019. The Court also ordered the respondent to pay the applicant's costs of this application. Further orders were made regarding the provision of a costs schedule, attendance at a Conciliation Conference, mutual informal discovery of documents relevant to property settlement, and the joint appointment of a single expert witness for asset valuation, with costs to be shared equally. The matter was adjourned for mention.
The primary legal issue before the Court was whether to grant an extension of time pursuant to section 44(6) of the *Family Law Act 1975* for the applicant to file her Initiating Application.
Judge Young granted the extension of time, ordering that time be extended for the filing of the applicant's Initiating Application to 18 March 2019. The Court also ordered the respondent to pay the applicant's costs of this application. Further orders were made regarding the provision of a costs schedule, attendance at a Conciliation Conference, mutual informal discovery of documents relevant to property settlement, and the joint appointment of a single expert witness for asset valuation, with costs to be shared equally. The matter was adjourned for mention.
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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Costs
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Discovery
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Expert Evidence
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Jurisdiction
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Remedies
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Citations
Hamblin and Wheaton [2019] FCCA 1761
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