Maybry and McLaughlin

Case

[2019] FCCA 1347

12 June 2019


Details
AGLC Case Decision Date
Maybry and McLaughlin [2019] FCCA 1347 [2019] FCCA 1347 12 June 2019

CaseChat Overview and Summary

In *Maybry and McLaughlin*, heard by Judge Betts, the applicants sought leave to commence proceedings out of time under section 44(6) of the *Family Law Act 1975* (Cth). The respondents opposed this application.

The central legal issue before the court was whether the applicants had established sufficient grounds to be granted an extension of time to file their Initiating Application, which had been lodged significantly out of time. This required the court to consider the criteria and discretion afforded by section 44(6) of the Act.

Judge Betts dismissed the application for leave to proceed out of time. The court found that the applicants had not satisfied the necessary threshold to justify an extension, and consequently, the Initiating Application filed on 29 March 2018 was also dismissed. The court indicated it would hear the parties on the question of costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Costs

  • Appeal

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Gadzen & Simkin [2018] FamCAFC 218
MCCOY & CHANCELLOR [2014] FamCAFC 62
Montano & Kinross [2014] FamCAFC 231