Star and Star

Case

[2013] FamCA 91

6 February 2013


Details
AGLC Case Decision Date
STAR & STAR [2013] FamCA 91 [2013] FamCA 91 6 February 2013

CaseChat Overview and Summary

In the matter of *Star and Star*, the husband sought to appeal an interim order made by a registrar in family law proceedings. The wife opposed the application. The case was heard by Cronin J in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the husband had established sufficient grounds to appeal the registrar's interim order. This involved considering the principles governing appeals from registrar's decisions, particularly in the context of interlocutory or interim orders, and whether the registrar had erred in law or fact.

Cronin J dismissed the husband's application. The reasoning focused on the high threshold required to overturn an interim order made by a registrar, emphasizing that such orders are generally not disturbed unless there is a clear error or the order is demonstrably unjust or against the weight of the evidence. The court found that the husband had not met this threshold.

The application of the husband filed 27 September 2012 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

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Cases Citing This Decision

2

Li and Kong [2016] FCCA 1484
Montano and Kinross [2014] FCCA 843
Cases Cited

1

Statutory Material Cited

1