Ongal and Materns

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Most Recent Citation
ONGAL & MATERNS [2017] FamCAFC 207

Cases Citing This Decision

2

SPENCER and SPENCER [2018] FCWA 249
ONGAL & MATERNS [2017] FamCAFC 207
Cases Cited

1

Statutory Material Cited

1

Acres and Cannon (No 3) [2016] FamCA 795