Slater v Slater [2001] FCA 694

FEDERAL COURT OF AUSTRALIA

Slater v Slater [2001] FCA 694 PROCEDURE – proceeding instituted under Matrimonial Causes Act 1959 prior to Family Law Act 1975– decree nisi for dissolution of marriage – errors in entry – decree absolute – error in certification - validity of decree absolute – issues previously determined by Full Courts of the Family Court and the Federal Court – appeal dismissed PRACTICE & PROCEDURE - Supreme Court order that no further application be filed in the matrimonial cause without order of a judge – order refusing leave to file further documents - denial of procedural fairness – application for leave to appeal - no appealable error shown – leave to appeal refused FAMILY LAW – validity of Supreme Court order transferring proceeding to Family Court –whether application for property settlement be dealt with as if instituted under Family Law Act – property issues conclusively determined by the Family Court – other issues determined by Full Courts of the Family Court and the Federal Court - notice of motion in the Federal Court seeking to reagitate property issues – motion refused

Family Law Act 1975 (Cth), ss 9, 31(1), 45, 63

Slater v Slater (unreported, Full Court of the Family Court, Lindenmayer, Holden & Mullane JJ, 10 June 1999), referred to Slater v The Honourable Jeffrey Allan Miles [1999] FCA 185, referred to Slater v Slater [1997] FCA 1592, referred to Slater v The Honourable Terence John Higgins [2001] FCA 549, referred to McLeod v McLeod (1976) 24 FLR 399, distinguished Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, cited MERRILEE MARGARET SLATER v WALTER LAURENCE SLATER & ANOR A 62 of 2000 MERRILEE MARGARET SLATER v WALTER LAURENCE SLATER & ANOR A 78 of 2000 WHITLAM, MADGWICK & KENNY JJ 12 JUNE 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA