Saller & Danell (No 2)
Case
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[2017] FamCA 712
•22 August 2017
Details
AGLC
Case
Decision Date
Saller & Danell (No 2) [2017] FamCA 712
[2017] FamCA 712
22 August 2017
CaseChat Overview and Summary
In *Saller & Danell (No 2)*, McClelland J of the Family Court of Australia considered applications made by the wife for an adjournment and for an extension of time to comply with previous orders. The dispute concerned the division of property and the wife's attempts to vary final orders made on 16 March 2017.
The primary legal issues before the court were whether to grant the wife's application for an adjournment of the proceedings and whether to grant her an extension of time to file an Application in a Case and supporting affidavit seeking variation of the final property orders. The court was also required to determine the specific issues to be addressed at the upcoming hearing on 15 September 2017, namely whether the applicant had complied with the final property orders by a specified date and, if not, what orders should be made for the sale and division of proceeds of a particular property.
McClelland J dismissed both the wife's application for an adjournment and her application for an extension of time. The court noted that the wife had not yet filed the required Application in a Case and supporting affidavit. The reasoning for dismissing the applications was not explicitly detailed in the provided text, but the outcome indicates a lack of sufficient grounds or compliance with procedural requirements for such applications. The court directed that the matter would proceed to a hearing on 15 September 2017 to consider the compliance with the final property orders and, if necessary, to make orders for the sale and division of the proceeds of the L property. The costs of the hearing were reserved.
The primary legal issues before the court were whether to grant the wife's application for an adjournment of the proceedings and whether to grant her an extension of time to file an Application in a Case and supporting affidavit seeking variation of the final property orders. The court was also required to determine the specific issues to be addressed at the upcoming hearing on 15 September 2017, namely whether the applicant had complied with the final property orders by a specified date and, if not, what orders should be made for the sale and division of proceeds of a particular property.
McClelland J dismissed both the wife's application for an adjournment and her application for an extension of time. The court noted that the wife had not yet filed the required Application in a Case and supporting affidavit. The reasoning for dismissing the applications was not explicitly detailed in the provided text, but the outcome indicates a lack of sufficient grounds or compliance with procedural requirements for such applications. The court directed that the matter would proceed to a hearing on 15 September 2017 to consider the compliance with the final property orders and, if necessary, to make orders for the sale and division of the proceeds of the L property. The costs of the hearing were reserved.
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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Costs
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Procedural Fairness
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Remedies
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Appeal
Actions
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Citations
Saller & Danell (No 2) [2017] FamCA 712
Most Recent Citation
Toma & Doyle [2022] FedCFamC1F 215
Cases Citing This Decision
5
JENKINS and GROTHE (DISCHARGE OF SINGLE EXPERT WITNESS)
[2023] FCWA 160
OTHONOS and COSTA-OTHONOS
[2023] FCWA 5
PAREDES and ENFIELD
[2022] FCWA 186
Cases Cited
0
Statutory Material Cited
0