Howarth and Howarth and Anor (No.2)

Case

[2017] FCCA 1949

25 August 2017


Details
AGLC Case Decision Date
Howarth and Howarth and Anor (No.2) [2017] FCCA 1949 [2017] FCCA 1949 25 August 2017

CaseChat Overview and Summary

The Federal Circuit Court of Australia, presided over by Judge Terry, considered a dispute between Mr. Howarth and other parties concerning child support and spousal maintenance orders. Mr. Howarth had filed an amended initiating application seeking the discharge of orders made by the County Court of the United Kingdom on 11 January 2006.

The central legal issue before the court was whether the Federal Circuit Court of Australia was a clearly inappropriate forum for the resolution of Mr. Howarth's application to discharge the United Kingdom maintenance orders.

The court was satisfied that the Federal Circuit Court of Australia was not a clearly inappropriate forum. Consequently, the amended initiating application filed by Mr. Howarth was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Abuse of Process

  • Res Judicata

  • Costs

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Cases Citing This Decision

4

Mayer & Beck [2021] FamCA 302
Benbow and Rosa and Anor [2017] FCCA 2042
Tobin & Tobin [2022] FedCFamC1F 220
Cases Cited

5

Statutory Material Cited

4

Howarth and Howarth and Anor [2016] FCCA 2869
Salisbury and Landell [2012] FMCAfam 240