Brennan v McGuire (No 3) [2011] FCA 505

FEDERAL COURT OF AUSTRALIA

Brennan v McGuire (No 3)[2011] FCA 505 Citation: Brennan v McGuire (No 3) [2011] FCA 505

Parties: ROBERT GEORGE BRENNAN v GLENYS FREYA MCGUIRE

File number: NSD 1147 of 2010

Judge: RARES J

Date of judgment: 16 May 2011

Catchwords: PRACTICE AND PROCEDURE – reopening of final orders – s 28 Domestic Relationships Act 1994 (ACT) – power to reopen final orders under s 28 and the inherent or implied power to do so – actions by one party having potential to adversely affect compliance with final orders – necessary to amend final orders to ensure other party not adversely affected – unsatisfactory evidence led by parties – possible misapprehension by court of the facts creating unnecessary difficulties with final orders – time for appeal from final orders expired –– necessary to amend final orders to avoid both risk of injustice and further proceedings between parties

Legislation: Civil Procedure Act 2005 (NSW) s 56 Domestic Relationships Act 1994 (ACT) ss 14, 15, 25 and 28 Federal Court of Australia Act 1976 (Cth) ss 5(1) and (2), 37M Federal Court Rules O 35 r 7(2) and (3)

Cases cited: Brennan v McGuire [2010] FCA 1443 referred to Brennan v McGuire (No 2) [2011] FCA 148 referred to De L v Director-General NSW Department of Community Services [No 2] (1997) 190 CLR 207 followed Grassby v The Queen (1989) 168 CLR 1 followed Metwally v University of Wollongong (No 2) (1985) 60 ALR 68 referred to Newmont Yandal Operations Pty Ltd v The J Aron Corporation and The Goldman Sachs Group Inc (2007) 70 NSWLR 411 referred to