SUMMERS & GLASS

Case

[2019] FCCA 2164

14 August 2019


Details
AGLC Case Decision Date
SUMMERS & GLASS [2019] FCCA 2164 [2019] FCCA 2164 14 August 2019

CaseChat Overview and Summary

In the matter of *Summers & Glass*, heard before Judge Newbrun, the applicant husband sought leave to commence de facto property proceedings out of time. The dispute concerned the division of property following the breakdown of a de facto relationship.

The primary legal issue before the Court was whether to grant the applicant husband leave to commence property proceedings beyond the statutory time limit prescribed by the *Family Law Act 1975* (Cth). This required the Court to consider the provisions of sections 44(5) and 44(6) of the Act, which set out the criteria for granting such an extension.

Judge Newbrun granted leave to the applicant husband to commence de facto property proceedings out of time. The Court also ordered that both parties provide financial disclosure to each other within 21 days and granted the applicant husband leave to amend his Initiating Application after this disclosure had been made.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Limitation Periods

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Edmunds & Edmunds [2018] FamCAFC 121