MICHELSON & WALTAS

Case

[2020] FCCA 2038

28 July 2020


Details
AGLC Case Decision Date
MICHELSON & WALTAS [2020] FCCA 2038 [2020] FCCA 2038 28 July 2020

CaseChat Overview and Summary

In *Michelson & Waltas*, heard by Judge O'Sullivan, the applicant sought an extension of time to file property proceedings against the respondent under section 79 of the *Family Law Act 1975* (Cth).

The central legal issue before the court was whether to grant the applicant leave to institute property proceedings out of time, pursuant to section 44(3) of the *Family Law Act 1975* (Cth). This required the court to consider the relevant factors for granting such an extension.

Judge O'Sullivan granted the applicant leave to commence property proceedings against the respondent under section 79 of the Act.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Limitation Periods

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

12

Statutory Material Cited

2

Edmunds & Edmunds [2018] FamCAFC 121
Gadzen & Simkin [2018] FamCAFC 218
Emerald & Emerald [2018] FamCAFC 217