Turner and Turner and Anor

In *Turner and Turner and Anor*, the husband sought to strike out the wife's application in a case, while the wife sought to strike out the husband's response to an initiating application. The matter came before Macmillan J of the Family Court of Australia.

The primary legal issue before the court was whether the husband's response to the initiating application was validly filed and therefore capable of standing, and conversely, whether the wife's application in a case was properly before the court. The court was required to consider the procedural validity of the filings made by both parties.

Macmillan J determined that the husband's response to the initiating application was not validly filed. Consequently, the court found that the wife's application in a case, with the exception of any applications for costs, should be dismissed. The court ordered that the husband's Response to Initiating Application filed on 4 October 2013 be struck out, and the wife's Application in a Case filed on 21 October 2014, save for costs, be dismissed.