Janko and Janko (No. 2)

Case

[2018] FamCA 353

22 May 2018


Details
AGLC Case Decision Date
Janko and Janko (No. 2) [2018] FamCA 353 [2018] FamCA 353 22 May 2018

CaseChat Overview and Summary

In *Janko and Janko (No. 2)*, heard before Macmillan J, the husband sought to have paragraph 3 of his Response to an Application in a Case, filed on 1 May 2018, dismissed and removed from the list of cases awaiting hearing.

The central legal issue before the court was whether paragraph 3 of the husband's Response was a proper or necessary pleading in the context of the proceedings.

Macmillan J determined that paragraph 3 of the husband's Response was not a proper or necessary pleading. The court reasoned that the content of that paragraph was not relevant to the issues that required determination in the case. Consequently, the court ordered that paragraph 3 of the husband's Response be dismissed and removed from the list of cases awaiting hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

6

Cabelo & Cabelo [2021] FamCA 361
Vail and Vail (No 2) [2020] FamCA 1070
Tredrea and Geller and Ors [2016] FamCA 634
Cases Cited

1

Statutory Material Cited

0

De Boer v Williams [2004] NSWSC 351