PRESNELL & BROMLEY

Case

[2019] FCCA 2059

5 August 2019


Details
AGLC Case Decision Date
Presnell and Bromley [2019] FCCA 2059 [2019] FCCA 2059 5 August 2019

CaseChat Overview and Summary

In the matter of Presnell & Bromley, Judge Burchardt of the Federal Circuit and Family Court of Australia considered a de facto property and parenting dispute. The wife sought an extension of time to make a property application under section 44(6) of the *Family Law Act 1975* (Cth), arguing hardship. The parties also sought parenting orders concerning their child.

The primary legal issue before the court was whether the wife had satisfied the criteria for an extension of time to bring her property claim, specifically whether she would suffer hardship if the extension were not granted. The court also had to determine appropriate parenting orders for the child, considering the family report.

Judge Burchardt dismissed the wife's application for an extension of time to file her property claim, finding that she had not met the hardship test. The court considered the wife's explanation for the delay to be unconvincing. In relation to parenting, the court made orders for equal shared parental responsibility, with the child to live with the mother and spend time and communicate with the father according to a specified schedule. The court also ordered the parents to attend family dispute resolution services to facilitate future adjustments to the parenting arrangements.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Limitation Periods

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Richardson & Richardson [2008] FamCAFC 107