10 Mar 2008
RADISICH V TAYLOR HC AK CIV-2007-404-003276
- Citation
- openlaw-ee42d7e6_6145_411f_b855_3b9b6ef00dcf.pdf
- Court
- High Court
The application for leave to appeal was dismissed because the questions raised were not sufficiently arguable or of sufficient importance to justify a second appeal; the Court held that a residual discretion under s 21H exists even where there is no material prejudice and that factors under s 21J may legitimately be considered when exercising that discretion, so the Family Court was correct to require the s 21H application to be determined with the substantive proceeding.