Howell and Garson (No.3)

Case

[2017] FCCA 3343

22 December 2017


Details
AGLC Case Decision Date
Howell and Garson (No.3) [2017] FCCA 3343 [2017] FCCA 3343 22 December 2017

CaseChat Overview and Summary

In *Howell and Garson (No.3)*, the applicant sought to have certain orders set aside. The respondent opposed this application. The matter came before Judge McNab in the Family Court of Australia.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to justify setting aside the existing orders. This involved an examination of the applicant's arguments and the evidence presented in support of those arguments.

Judge McNab dismissed the application. The Court found that the applicant had not met the threshold required to set aside the orders. Consequently, the applicant was ordered to pay the respondent's costs, fixed at $7,631, with a stay of 30 days. The orders also included particulars of obligations and consequences of contravention, as required by sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Stay of Proceedings

  • Jurisdiction

Actions
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Most Recent Citation
Levett and Jabaut [2018] FCCA 284

Cases Citing This Decision

1

Levett and Jabaut [2018] FCCA 284
Cases Cited

6

Statutory Material Cited

2

Howell and Garson (No.2) [2016] FCCA 3050
Rice & Asplund [1978] FamCA 84
Searson & Searson [2017] FamCAFC 119