A & a

The parties in this matter were A and B, and the dispute concerned amendments to orders previously made by Federal Magistrate Bennett on 23 August 2004. The application for amendment was heard by Kay J in the Federal Magistrates Court of Australia.

The primary legal issue before Kay J was whether the existing orders, specifically paragraph 3(c) and paragraph 4, should be amended as sought by the applicant. This involved a determination of the appropriate scope and content of the final orders concerning financial matters, particularly relating to school fees.

Kay J reasoned that the inclusion of specific details regarding the quantum of school fees in paragraph 3(c) was unnecessary and potentially problematic, leading to its deletion. Similarly, paragraph 4 of the original orders was deemed to require removal. The court's decision reflects an adjustment to the final orders to refine their clarity and practical application.

The court ordered that the orders made by Federal Magistrate Bennett on 23 August 2004 be amended by deleting from paragraph 3(c) the words “and the quantum at which B’s school fees are payable” and by deleting paragraph 4 of those orders.