FEDERAL CIRCUIT COURT OF AUSTRALIA
NEWALL & SCARROW [2017] FCCA 1422
Catchwords:
FAMILY LAW – Application for leave to extend time – consideration of principles applicable to exercise of discretion as discussed in Gallo v Dawson (1990) 93 ALR 479 – whether strict application of the rules would cause injustice – whether conduct of the parties relevant – whether the principles of estoppel apply – whether the doctrine of laches is applicable in the circumstances – whether appropriate to exercise discretion in favour of the husband – leave to extend time granted.
Legislation:
Family Law Act 1975, ss.44, 44(3), 44(3)(d), 44(4), 79, 79A, 79(1)(a), 79(2), 79(4), 81
Federal Circuit Court Rules 2001, Rule 24.03
Respondent: MS SCARROW
File Number: CAC 1262 of 2015
Judgment of: Judge Tonkin
Hearing date: 31 May 2017
Date of Last Submission: 31 May 2017
Delivered at: Canberra
Delivered on: 4 July 2017 REPRESENTATION
Solicitors for the Applicant: Canberra Legal Group
Counsel for the Respondent: Mr RJ Clutterbuck
Solicitors for the Respondent: Hill & Rummery ORDERS
(1)Pursuant to paragraphs 44 (3) (d) and 44 (6) (a) of the Family Law Act the applicant Mr Newall is granted leave out of time in which to file an application for adjustment of property interests under section 79 of the Family Law Act.
(2)The matter is listed for directions before Judge Tonkin on 7 August 2017 at 9.30am.
IT IS NOTED that publication of this judgment under the pseudonym Newall & Scarrow is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRACAC 1262 of 2015
MR NEWALL Applicant
And
MS SCARROW Respondent
REASONS FOR JUDGMENT
Introduction
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- AGLC
- Newall and Scarrow [2017] FCCA 1422
- Case
- [2017] FCCA 1422
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether Mr Newall should be granted leave to file his application for property adjustment out of time, pursuant to paragraphs 44(3)(d) and 44(6)(a) of the *Family Law Act*. This required the Court to consider the circumstances justifying an extension of time for such applications.
Judge Tonkin granted Mr Newall leave to file his application out of time. The Court's reasoning, as indicated by the specific legislative provisions cited, involved an assessment of the factors relevant to granting such an extension under the *Family Law Act*. While the detailed reasons for this decision are not provided, the outcome signifies that the Court was satisfied that the criteria for extending the time limit were met in this instance. The matter was subsequently listed for directions.
Orders
Orders of the court
(1) Pursuant to paragraphs 44 (3) (d) and 44 (6) (a) of the Family Law Act the applicant Mr Newall is granted leave out of time in which to file an application for adjustment of property interests under section 79 of the Family Law Act.
(2) The matter is listed for directions before Judge Tonkin on 7 August 2017 at 9.30am.
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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