OAKLEY & MILLAR

In the matter of *Oakley & Millar*, heard by Cronin J, the husband sought leave to depart Australia. This application had been previously rejected by the court, and the husband was seeking to have the decision overturned. The wife opposed the application.

The central legal issue before the court was whether there were sufficient new circumstances to warrant a reconsideration and grant of the husband's application to leave Australia, given its prior dismissal. The court also considered the question of costs.

Cronin J dismissed the husband's application, finding that no new circumstances had arisen since the previous rejection that would justify granting leave to depart. The court applied the principle that a party seeking to revisit a prior judicial decision must demonstrate a material change in circumstances. Having found no such change, the application was refused. The court ordered that the husband pay the wife's costs fixed at $920 and the Independent Children's Lawyer's costs of $920, with a stay of one month on each payment.