Bane and Thompson

Case

[2017] FamCA 328

19 May 2017


Details
AGLC Case Decision Date
Bane and Thompson [2017] FamCA 328 [2017] FamCA 328 19 May 2017

CaseChat Overview and Summary

Berman J considered an application by Bane concerning orders made on 2 August 2016, which governed the arrangements for a child, B, born in 2006, and the parties' interactions. The dispute centred on the practicalities and effectiveness of existing orders relating to the child's welfare and parental contact.

The primary legal issues before the court were whether to suspend a specific aspect of the existing orders concerning B, discharge another existing order, and determine appropriate alternative locations for child handovers. The court also had to consider the future conduct of the proceedings, including the scheduling of final orders and the method of evidence presentation.

Berman J ordered the suspension of order 3 of the 2 August 2016 orders concerning B, indicating a need for immediate adjustment to the existing arrangements. Order 5 of the previous orders was discharged, signifying its removal from the court's directives. Furthermore, the court stipulated that any handovers not occurring at school were to take place at the McDonald’s Restaurant in Suburb F, establishing a clear and accessible alternative location. The court also adjourned all applications for final orders to 11 December 2017, setting aside four days for the hearing and directing that the evidence in chief of all witnesses be provided by affidavit, thereby streamlining the presentation of evidence for the final determination. The matter was listed for a further mention on 11 July 2017.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Remedies

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