JOHANSON & NIXON

Case

[2015] FCCA 1930

3 July 2015


Details
AGLC Case Decision Date
JOHANSON & NIXON [2015] FCCA 1930 [2015] FCCA 1930 3 July 2015

CaseChat Overview and Summary

In the matter of *Johanson & Nixon*, heard before Judge Scarlett, the dispute concerned an application by Mr Johanson for contravention of parenting orders. Mr Johanson sought to discontinue this application on the date of the hearing.

The primary legal issue before the court was whether leave was required for Mr Johanson to discontinue his contravention application, and if so, whether leave should be granted. The court also considered the matter of costs.

Judge Scarlett determined that leave was indeed required to discontinue the application, as is standard practice when such an application is sought on the day of the hearing. The court granted leave for the discontinuance of the contravention application. In relation to costs, the court ordered that each party was to bear their own costs of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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Most Recent Citation
Nixon and Johanson [2016] FCCA 70

Cases Citing This Decision

1

Nixon and Johanson [2016] FCCA 70
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Statutory Material Cited

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