Macarthur and Brogden

Case

[2016] FCCA 739

7 April 2016


Details
AGLC Case Decision Date
MacArthur and Brogden [2016] FCCA 739 [2016] FCCA 739 7 April 2016

CaseChat Overview and Summary

In the matter of *Macarthur and Brogden*, heard before Judge Scarlett, the dispute concerned an application to vary an existing court order and the dismissal of a subsequent response. The specific order in question, made on 27 May 2015, was sought to be amended, and a response filed on 1 February 2016 was challenged.

The court was required to determine whether to vary the existing order by altering a specified date, and whether to dismiss the response filed by one of the parties. Additionally, the court needed to consider the future conduct of the substantive application.

Judge Scarlett varied Order (7) made on 27 May 2015 by extending the date from 1 February 2016 to 31 December 2016. The judge also dismissed the Response to an Application in a Case filed on 1 February 2016. For clarity, all other orders from 27 May 2015 were confirmed to remain in effect. The substantive application was subsequently transferred to the docket of Judge Boyle for further mention at a date and time to be determined by Judge Boyle.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

MACARTHUR & BROGDEN [2015] FCCA 1544