Jordon and Jordon
Case
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[2008] FamCA 589
•31 July 2008
Details
AGLC
Case
Decision Date
Jordon and Jordon [2008] FamCA 589
[2008] FamCA 589
31 July 2008
CaseChat Overview and Summary
In the matter of *Jordon and Jordon*, Ms Jordon sought leave from Benjamin J of the Family Court of Australia to continue property proceedings filed on 28 May 2008, pursuant to section 44(3) of the *Family Law Act 1975*. She also sought leave to apply for orders concerning the children of the marriage, M (born September 1993) and L (born March 1996), under Division 4 of Part 7 of the *Child Support (Assessment) Act 1989*, citing special circumstances, pursuant to section 116(1)(b) of that Act.
The court was required to determine whether to grant Ms Jordon leave to proceed with her property adjustment claims under section 79 of the *Family Law Act 1975*, given the timing of her application. Additionally, the court had to consider whether the circumstances warranted granting leave to make an application for child support orders under the *Child Support (Assessment) Act 1989*.
Benjamin J granted Ms Jordon leave to continue the property proceedings, acknowledging the basis for her application under section 44(3) of the *Family Law Act 1975*. Furthermore, his Honour granted leave for Ms Jordon to apply for child support orders, finding that the special circumstances of the case justified this under section 116(1)(b) of the *Child Support (Assessment) Act 1989*. The applications were subsequently listed for mention before a Registrar, and costs were reserved.
The court was required to determine whether to grant Ms Jordon leave to proceed with her property adjustment claims under section 79 of the *Family Law Act 1975*, given the timing of her application. Additionally, the court had to consider whether the circumstances warranted granting leave to make an application for child support orders under the *Child Support (Assessment) Act 1989*.
Benjamin J granted Ms Jordon leave to continue the property proceedings, acknowledging the basis for her application under section 44(3) of the *Family Law Act 1975*. Furthermore, his Honour granted leave for Ms Jordon to apply for child support orders, finding that the special circumstances of the case justified this under section 116(1)(b) of the *Child Support (Assessment) Act 1989*. The applications were subsequently listed for mention before a Registrar, and costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Costs
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Citations
Jordon and Jordon [2008] FamCA 589
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