FAMILY COURT OF AUSTRALIA
| MIRREN & MIRREN | [2019] FamCA 532 |
| FAMILY LAW – APPLICATION TO REVIEW REGISTRAR’S ORDERS – applicant requiring an order extending time to bring the application – lapse of almost six years – applicant contending that orders were procured by the failure to disclose relevant information. |
| Family Law Act 1975 (Cth) ss 37A, 79, 79A Family Law Rules 2004 rr 1.14, 18.08 |
| Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 Badawi & Badawi [2017] FamCAFC 129 Barker v Barker (2007) 36 Fam LR 650 Bigg v Suzi (1998) 22 Fam LR 700 Burns v Grigg [1967] VR 871 Gallo v Dawson (1990) 64 ALJR 458 Harris v Caladine (1991) 172 CLR 84 Hughes v National Trustees Executors & Agency Co of Australasia Ltd [1978] VR 257 In the Marriage of Banhidy (1982) 8 Fam LR 82 In the Marriage of Clifton & Stuart (1990) 14 Fam LR 511 In the Marriage of Elliot & Willcox (1996) 20 Fam LR 567 In the Marriage of Gebert (1990) 14 Fam LR 62 In the Marriage of Holland (1982) 8 Fam LR 233 In the Marriage of Kokl (1981) 7 Fam LR 59 In the Marriage of McCabe (1995) 19 Fam LR 579 In the Marriage of Prowse (1994) 18 Fam LR 348 In the Marriage of Rohde & Rohde (1984) 10 Fam LR 56 In the Marriage of Sommerville (1999) 27 Fam LR 233 In the Marriage of Suiker (1993) 17 Fam LR 236 J.C. Williamson Ltd v Lukey & Mulholland (1931) 45 CLR 282 Jess v Scott (1986) 12 FCR 187 Korsky v Bright (No 2) (2007) 38 Fam LR 106 McKenna v McKenna (1971) 18 FLR 15 Mitchelson v Mitchelson (1979) 37 FLR 289 Murray v Director, Family Services (1993) 16 Fam LR 982 Pearson & Coli [2018] FamCA 295 Pelerman v Pelerman [2000] FamCA 881 Ratnam v Cumarasamy [1964] 3 All ER 933 Redman & Redman [2013] FamCAFC 183 Stanford v Stanford (2012) 247 CLR 108 Taylor v Taylor (1979) 143 CLR 1 Trustee of the Bankrupt Estate of Hicks & Hicks [2018] FamCAFC 37 Tsiang & Wu [2019] FamCAFC 128 Turner v Bladin (1951) 82 CLR 463 Waterman & Waterman [2017] FamCAFC 23 |
| Dr Anthony Dickey QC, ‘Family Law’ (LBC Information Services, 3rd ed, 1997) |
| APPLICANT: | Mr Mirren |
| RESPONDENT: | Ms Mirren |
| FILE NUMBER: | MLC | 9896 | of | 2013 |
| DATE DELIVERED: | 14 August 2019 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 16, 17 July, 12 August 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Dr R Ingleby |
| SOLICITOR FOR THE APPLICANT: | Berger Kordos Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms E Swart |
| SOLICITOR FOR THE RESPONDENT: | Kelly & McHale Family Lawyers |
Orders
All relevant periods of time be extended thereby granting leave to review the decision of the Registrar made on 16 December 2013 under s 37A(9) and 37A(10) of the Family Law Act.
This proceeding is referred to the registrar for further case management.
Note:…
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- AGLC
- Mirren and Mirren [2019] FamCA 532
- Case
- [2019] FamCA 532
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to grant leave to review the Registrar's decision. This involved determining whether the applicants had satisfied the requirements for such an extension of time under sections 37A(9) and 37A(10) of the *Family Law Act*.
Wilson J granted the application, extending all relevant periods of time. This decision indicates that the Court found sufficient grounds to permit a review of the Registrar's earlier determination. Consequently, the proceeding was referred back to the registrar for further case management.
Orders
Orders of the court
1.
All relevant periods of time be extended thereby granting leave to review the decision of the Registrar made on 16 December 2013 under s 37A(9) and 37A(10) of the Family Law Act.
2.
This proceeding is referred to the registrar for further case management.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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