Yule and Manners

Case

[2016] FCCA 2050

28 July 2016


Details
AGLC Case Decision Date
Yule and Manners [2016] FCCA 2050 [2016] FCCA 2050 28 July 2016

CaseChat Overview and Summary

This matter concerned an application by the applicant for leave to bring an application for property interests out of time, heard by Judge McGuire. The respondent was ordered to file and serve responsive documents within 21 days.

The court was required to determine whether to grant the applicant leave to proceed with her property application notwithstanding the usual time limits. The court also made directions regarding the future conduct of the proceedings, including the listing of children's matters, a mention, and potential interim hearing.

The court granted the applicant leave to bring her application out of time pursuant to section 44(6) of the *Family Law Act 1975*. The court then set out a detailed timetable for the progression of the case, including the filing of further documents by the respondent, the attendance of the parties at a conciliation conference, and the exchange of specific documents prior to that conference. The court also made provision for the costs of a paternity testing procedure. In the event the matter did not settle at the conciliation conference and parties failed to comply with the disclosure orders, the Registrar was directed to arrange for the matter to be urgently listed before Judge McGuire for further directions and submissions regarding costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Montano & Kinross [2014] FamCAFC 231