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Key decisions


Decision that an application filed at 7.40 pm be treated as filed that day contrary to FLR 24.05(2) set aside

In Frost (Deceased) & Whooten [2018] FamCAFC 177 (17 September 2018) the late husband’s legal personal representatives appealed against Cronin J’s decision to treat the wife’s property application filed electronically at 7.40 pm (where at 11 pm the husband died in hospital from injuries sustained the previous day) as filed on that day, not after his death pursuant to FLR 24.05(2) which provides that an electronic filing after 4.30 pm ACT time is taken to have been filed the next day.

The Full Court (Alstergren DCJ, Aldridge & Kent JJ) said (at [8]): ‘His Honour considered that this order should be made because otherwise the strict application of the Rules would deny the respondent the right to litigate, which would be an injustice … However, this appeal is primarily concerned with whether or not the Court had jurisdiction to make any order at all and not whether the circumstances worked an injustice upon her.’

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