Ongal and Materns
Case
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[2017] FamCA 143
•2 February 2017
Details
AGLC
Case
Decision Date
Ongal and Materns [2017] FamCA 143
[2017] FamCA 143
2 February 2017
CaseChat Overview and Summary
In the matter of *Ongal and Materns*, heard before Berman J, the father sought leave to file an application alleging contravention of existing orders, supported by an affidavit. The father had also filed an "Application in a Case" without prior leave of the Court.
The primary legal issues before the Court were whether to grant the father leave to file his application alleging contravention of orders, and whether to dismiss the "Application in a Case" filed without leave.
Berman J granted the father leave to file the application alleging contravention of orders, as detailed in annexures B and C of his affidavit. The Court also ordered that upon the filing of this contravention application, the matter be listed for hearing on a specified date. Critically, the Court dismissed the father's "Application in a Case" filed on 27 January 2017, noting that it had been filed without the necessary leave of the Court.
The primary legal issues before the Court were whether to grant the father leave to file his application alleging contravention of orders, and whether to dismiss the "Application in a Case" filed without leave.
Berman J granted the father leave to file the application alleging contravention of orders, as detailed in annexures B and C of his affidavit. The Court also ordered that upon the filing of this contravention application, the matter be listed for hearing on a specified date. Critically, the Court dismissed the father's "Application in a Case" filed on 27 January 2017, noting that it had been filed without the necessary leave of the Court.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Ongal and Materns [2017] FamCA 143
Most Recent Citation
ONGAL & MATERNS [2017] FamCAFC 207