STUART & LAWSON

Case

[2015] FCCA 3299

10 December 2015


Details
AGLC Case Decision Date
Stuart and Lawson [2015] FCCA 3299 [2015] FCCA 3299 10 December 2015

CaseChat Overview and Summary

In the matter of *Stuart & Lawson*, heard before Judge Sexton, the wife sought leave to institute property proceedings out of time. The dispute concerned the division of matrimonial assets.

The primary legal issue before the court was whether to grant the wife leave to commence property proceedings after the expiry of the statutory time limit. This required the court to consider the relevant factors and principles governing such applications.

Judge Sexton granted the wife leave to institute property proceedings out of time. The court also made several procedural orders aimed at progressing the matter, including requiring the parties to obtain a joint valuation of a property, exchange superannuation information, and prepare a collaboratively prepared balance sheet. The matter was adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Procedural Fairness

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Montano & Kinross [2014] FamCAFC 231
Slocomb & Hedgewood [2015] FamCAFC 219