WORTH & RILEY
Case
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[2017] FamCA 393
•7 June 2017
Details
AGLC
Case
Decision Date
WORTH & RILEY [2017] FamCA 393
[2017] FamCA 393
7 June 2017
CaseChat Overview and Summary
In the matter of *Worth & Riley*, Benjamin J of the Family Court of Australia considered an application by Ms Worth for leave to commence proceedings under Part VIIIAB of the *Family Law Act 1975* (Cth) against Mr Riley.
The central legal issue before the court was whether Ms Worth had satisfied the requirements of section 44(6) of the Act to be granted leave to commence proceedings. This section typically requires a party to demonstrate that there are substantial reasons for the delay in commencing proceedings and that it would be just and equitable to grant leave.
Benjamin J declined Ms Worth's application for leave, finding that she had not established sufficient grounds to permit the commencement of proceedings under Part VIIIAB of the Act. Consequently, Ms Worth's application was dismissed. All other extant applications, save for any relating to costs, were also dismissed. The court further certified that it was reasonable to engage counsel to attend the proceedings.
The central legal issue before the court was whether Ms Worth had satisfied the requirements of section 44(6) of the Act to be granted leave to commence proceedings. This section typically requires a party to demonstrate that there are substantial reasons for the delay in commencing proceedings and that it would be just and equitable to grant leave.
Benjamin J declined Ms Worth's application for leave, finding that she had not established sufficient grounds to permit the commencement of proceedings under Part VIIIAB of the Act. Consequently, Ms Worth's application was dismissed. All other extant applications, save for any relating to costs, were also dismissed. The court further certified that it was reasonable to engage counsel to attend the proceedings.
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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Costs
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Remedies
Actions
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Citations
WORTH & RILEY [2017] FamCA 393
Cases Citing This Decision
0
Cases Cited
10
Statutory Material Cited
2
Norton & Locke
[2013] FamCAFC 202
Jackson v Sterling Industries Ltd
[1987] HCA 23
Jackson v Sterling Industries Ltd
[1987] HCA 23