Webb and Salter
Case
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[2016] FCCA 1087
•23 February 2016
Details
AGLC
Case
Decision Date
Webb and Salter [2016] FCCA 1087
[2016] FCCA 1087
23 February 2016
CaseChat Overview and Summary
In *Webb and Salter*, heard by Judge Neville, the applicant husband sought leave to commence proceedings out of time under section 44(6) of the *Family Law Act 1975* (Cth). The core of the dispute concerned the husband's application to initiate family law proceedings after the expiry of the statutory time limits.
The primary legal issue before the Court was whether to grant the applicant husband leave to proceed with his application notwithstanding that it was filed out of time. This required the Court to consider the criteria and principles governing the exercise of discretion under section 44(6) of the *Family Law Act 1975* (Cth).
Judge Neville granted the applicant husband leave to initiate proceedings out of time pursuant to section 44(6) of the *Family Law Act 1975* (Cth). The Court then ordered that the parties notify the Court by email within 14 days, by no later than 8 March 2016, that the matter was ready to proceed to a Conciliation Conference. Upon confirmation, a date would be allocated for the conference.
The primary legal issue before the Court was whether to grant the applicant husband leave to proceed with his application notwithstanding that it was filed out of time. This required the Court to consider the criteria and principles governing the exercise of discretion under section 44(6) of the *Family Law Act 1975* (Cth).
Judge Neville granted the applicant husband leave to initiate proceedings out of time pursuant to section 44(6) of the *Family Law Act 1975* (Cth). The Court then ordered that the parties notify the Court by email within 14 days, by no later than 8 March 2016, that the matter was ready to proceed to a Conciliation Conference. Upon confirmation, a date would be allocated for the conference.
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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Appeal
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Jurisdiction
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Limitation Periods
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Procedural Fairness
Actions
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Citations
Webb and Salter [2016] FCCA 1087
Most Recent Citation
Tobias and Tobias [2017] FCCA 654
Cases Cited
10
Statutory Material Cited
2
MCCOY & CHANCELLOR
[2014] FamCAFC 62
Montano & Kinross
[2014] FamCAFC 231
Tamaniego & Tamaniego
[2010] FamCAFC 254