Hunter and Morrison (Summary Dismissal)

Case

[2014] FamCA 199

28 March 2014


Details
AGLC Case Decision Date
Hunter and Morrison (Summary Dismissal) [2014] FamCA 199 [2014] FamCA 199 28 March 2014

CaseChat Overview and Summary

In the matter of *Hunter and Morrison*, heard by Tree J, the parties were a husband and wife involved in family law proceedings. The dispute concerned an application by the husband to dismiss parts of the wife's initiating application and to dismiss the wife's application in a case.

The court was required to determine whether specific paragraphs of the wife's Amended Initiating Application, filed on 4 July 2012, should be struck out. Additionally, the court had to consider the husband's Application in a Case, filed on 8 August 2012, and whether it should be dismissed.

By consent of the parties, Tree J ordered that paragraphs 3 and 16 of the wife's Amended Initiating Application be struck out. Furthermore, the husband's Application in a Case filed on 8 August 2012 was dismissed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Consent

  • Summary Judgment

  • Procedural Fairness

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Cases Citing This Decision

4

BARDEN & BARDEN [2014] FamCA 745
VERBOOM & VERBOOM [2019] FCCA 3941
CAGAN & SABONE (No.2) [2019] FCCA 3164
Cases Cited

5

Statutory Material Cited

9

Barker v Barker [2007] FamCA 13
Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40