FAMILY LAW ─ APPEAL ─ PROPERTY SETTLEMENT ─ Where in its preliminary judgment, this Court referred to the possibility that, in reliance upon a cause, or causes of action which the respondent has not previously pleaded, the respondent might seek relief against third parties who have hitherto not been parties to the proceedings ─ Where having regard to the findings of fact of the learned Federal Magistrate, and accepting that those findings of fact would not be binding upon any third parties subsequently joined in the proceedings, it is possible that the respondent could establish a basis for relief which has not hitherto been pursued ─ Where notwithstanding that the obstacles to success may be substantial, the Court was not persuaded that an amended application seeking relief against third parties would be doomed to fail ─ Appeal allowed.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.