LASKARI & LASKARI

In the Family Court of Australia, Mr Laskari (the husband) sought a review of a Registrar's decision to refuse his application for short service of a further application. The husband's intended application sought orders compelling Ms Laskari (the wife), who resided in the former matrimonial home, to allow inspections by potential purchasers on a specific Saturday and to approve advertising material. The review was heard by Aldridge J.

The primary legal issue before the court was whether to grant short service of the husband's application. This involved determining if there were sufficient grounds to permit the wife to be served with notice of the application with less than the usual time for response, and whether the urgency and substance of the husband's intended application justified such a departure from standard procedure.

Aldridge J dismissed the husband's application for short service, reasoning that there was no adequate explanation for the delay in making the application earlier in the week. Furthermore, the late timing meant the wife would have had insufficient time to consider the application, obtain legal advice, or attend a hearing. The court also found that the subject matter of the intended application did not involve substantive rights or grave issues that would justify a hearing on very short notice. Consequently, the court declined to allow short service.