Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Slater v Slater [1999] FCA 184
MERRILEE MARGARET SLATER v WALTER LAURENCE SLATER AG 106 OF 1998 SPENDER, HIGGINS and WEINBERG JJ 25 FEBRUARY 1999 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 106 OF 1998
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: MERRILEE MARGARET SLATER
Appellant
AND: WALTER LAURENCE SLATER
Respondent
JUDGES: SPENDER, HIGGINS and WEINBERG JJ
DATE OF ORDER: 25 FEBRUARY 1999
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The appeal in proceedings AG 106 of 1998 is dismissed. 2. The notice of motion filed 15 January 1999 is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 106 OF 1998
BETWEEN: MERRILEE MARGARET SLATER
Appellant
AND: WALTER LAURENCE SLATER
Respondent
JUDGES: SPENDER, HIGGINS and WEINBERG JJ
DATE: 25 FEBRUARY 1999
PLACE: CANBERRA
REASONS FOR JUDGMENT SPENDER J: 1 This is an appeal from the refusal by Miles CJ in the Supreme Court of the Australian Capital Territory to entertain a notice of motion by Mrs Slater dated 28 September 1998. That notice of motion sought the enforcement of orders made by Connor J in the Supreme Court of the Australian Capital Territory in 1976. Associated with that is the contention by Mrs Slater that when Connor J on 28 July made the orders, he in fact reserved a judgment in respect of the settlement of property, that this judgment was kept secret from her and she has only had a glimpse of it in 1997 before it was snatched from her by some court officer. 2 It is a curious fact that if there had been a judgment that was reserved, it would not have been the subject of discussion in the hearing of the application by Mrs Slater before the Full Court of the Family Court, where Mrs Slater sought orders in relation to, amongst other things, the property "Wondarra". The Full Court of Finn, Kay and Holden JJ on 7 August 1995 allowed an appeal from a judgment of Treyvaud J on 9 July 1994, and in the context of the orders in relation to the alteration of property interests that Treyvaud J had made on that day, ordered: "…
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