Moore & Moore

In the matter of *Moore & Moore*, Strickland J of the Family Court of Australia considered an application by the wife for review of certain orders made by Registrars, and an application by the husband for final orders seeking revocation of the court’s approval of a deed and property settlement. The wife also sought to extend the time for the husband to file his application for review of the Registrars' orders.

The primary legal issues before the court were whether the Family Law Rules required the husband to file a Financial Statement in the circumstances of the case, and whether the issue of revocation of the deed approval needed to be determined before other matters. The court also had to consider whether an extension of time should be granted for the husband to file his application for review, and if so, whether the Registrars' orders themselves should be subject to review.

Strickland J reasoned that the definition of a "financial case" under the Family Law Rules did not necessitate the filing of a Financial Statement in this instance. Furthermore, the court determined that the question of revoking the approval of the deed was a preliminary matter that needed to be resolved before proceeding with other aspects of the property settlement. The court found that an adequate explanation had been provided for the delay in filing the application for review, and therefore granted an extension of time.

Consequently, the court ordered an extension of time for the husband to file his application for review. The orders made by the Registrars requiring the husband to file a Form 13 Financial Statement were discharged. The husband's application in a case was dismissed. The wife was ordered to file and serve her affidavit of evidence in chief by a specified date, and further consideration of the applications for final orders was adjourned to a later date.