Stubbs and Stubbs

Case •

[2011] FamCA 293

•

14 April 2011
Details
AGLC Case Decision Date
Stubbs and Stubbs [2011] FamCA 293 [2011] FamCA 293 14 April 2011

CaseChat Overview and Summary

In the matter of *Stubbs and Stubbs*, O’Reilly J considered an application filed on 5 April 2011. The specific nature of the dispute between the parties is not detailed in the provided text, beyond the fact that an independent children's lawyer sought to amend an application.

The primary legal issue before the court was whether the independent children's lawyer should be granted leave to amend the application. This amendment involved substituting the statutory basis for the application from rule 19.05(1) of the *Family Law Rules 2004* to sections 117(2) and (3) of the *Family Law Act 1975* (Cth).

O’Reilly J granted the independent children's lawyer leave to amend the application as sought. However, despite this amendment, the court ultimately dismissed the application filed on 5 April 2011.
Details

Key Legal Topics

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

11

Rafter and Rafter (No 3) [2012] FamCA 975
Horn and Gabin (No 3) [2011] FamCA 817
Horn and Gabin (No 3) [2011] FamCA 817
Cases Cited

10

Statutory Material Cited

2

Lane & Holmes [2008] FamCAFC 75
Equity Access Ltd v Westpac Banking Corporation [1989] FCA 361
Re JJT; Ex Parte Victoria Legal Aid [1998] HCA 44