Tartar and Liquidator, Tartar Pty Ltd
Case
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[2010] FamCA 851
•9 September 2010
Details
AGLC
Case
Decision Date
Tartar and Liquidator, Tartar Pty Ltd [2010] FamCA 851
[2010] FamCA 851
9 September 2010
CaseChat Overview and Summary
Justice Cohen of the Supreme Court of Tasmania considered an application by a wife concerning consent orders made in family law proceedings. The wife sought to challenge or vary certain aspects of these orders, which had been agreed upon by the parties and dated 12 April 2010. The liquidator of Tartar Pty Ltd was also involved in the proceedings, likely in relation to the financial aspects of the dispute.
The primary legal issues before the court were whether the wife should be granted leave to extend the 90-day period stipulated in the consent orders for filing certain documents or making applications, and whether a specific order (Order 5) should be stayed retrospectively. The court also had to consider the wife's contravention application, which was filed concurrently with her other applications.
Justice Cohen dismissed the wife's initial application and her contravention application. However, the court granted the wife leave to file a new application seeking an extension of the 90-day period provided for in the consent orders. This new application was to be filed within 14 days, along with any supporting affidavits. The court further ordered that this extension of time application be listed for directions within 28 days. Additionally, Order 5 of the consent orders was stayed retrospectively until the wife's application for an extension of time was determined. Costs were reserved pending the outcome of the wife's extension of time application.
The primary legal issues before the court were whether the wife should be granted leave to extend the 90-day period stipulated in the consent orders for filing certain documents or making applications, and whether a specific order (Order 5) should be stayed retrospectively. The court also had to consider the wife's contravention application, which was filed concurrently with her other applications.
Justice Cohen dismissed the wife's initial application and her contravention application. However, the court granted the wife leave to file a new application seeking an extension of the 90-day period provided for in the consent orders. This new application was to be filed within 14 days, along with any supporting affidavits. The court further ordered that this extension of time application be listed for directions within 28 days. Additionally, Order 5 of the consent orders was stayed retrospectively until the wife's application for an extension of time was determined. Costs were reserved pending the outcome of the wife's extension of time application.
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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Consent
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Costs
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Stay of Proceedings
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Limitation Periods
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