- Whooten & Frost (Deceased)  FamCA 975
- Thatcher & Thatcher & Ors  FCCA 3008
- Weldon & Levitt  FCCA 3072
- Edmonds & Whyte & Anor  FCCA 2733
Wife’s application filed electronically after 4.30pm accepted (despite FLR 24.05(2)) as filed before husband’s death hours later
In Whooten & Frost (Deceased)  FamCA 975 (29 November 2017) the wife filed a property application when she learned that the husband (from whom she had been separated for two years) had been placed on life support after a farming accident. Her application – for an order that she be excused from particularising her final orders until the husband had made full and frank disclosure – was electronically filed at 7.40 pm. The husband died at 11 pm.
His estate relied on FLR 24.05(2) (an electronic filing ‘after 4.30 pm according to legal time in the [ACT] is taken to have been received … on the next day when the … registry is open’) to argue that the wife could not apply after the husband’s death (at ) and that her application needed amendment to claim some relief if it was to invoke jurisdiction (at ). Cronin J disagreed (at ):