4 Jun 2015
L v. W
- Citation
- L v. W
- Court
- Family Court
- Case number
- FCMP178/2013
The respondents failed to demonstrate a decisive 'knock out' defence or compelling reason to set aside the ex parte leave; disputed issues of evidence and credibility (eg bank statements, deed of severance admissions, statutory declarations for HOS) require determination at a substantive trial. Therefore the leave under s.29AC was properly granted and the application to set aside is dismissed.