Oldman and Cantino

Case

[2009] FamCA 596

6 July 2009


Details
AGLC Case Decision Date
Oldman and Cantino [2009] FamCA 596 [2009] FamCA 596 6 July 2009

CaseChat Overview and Summary

In the matter of *Oldman and Cantino*, heard before Justice Cronin, the applicant wife sought leave to apply for property orders out of time. The dispute concerned the ability of the applicant to bring a property settlement claim after the statutory time limit had expired.

The central legal issue before the Court was whether the applicant wife should be granted leave to commence proceedings for property orders pursuant to section 44(3) of the *Family Law Act 1975* (Cth). This required the Court to consider the circumstances justifying an extension of time for such an application.

By consent of the parties, Justice Cronin granted the applicant wife leave to apply for property orders out of time. The Court ordered that the minutes of proposed orders, marked as Exhibit "A", be sealed and attached to the judgment, and directed that these minutes be retained on the Court file. The Court also ordered that its reasons be transcribed and placed on the court file.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Limitation Periods

  • Appeal

  • Procedural Fairness

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