Blanchard & Blanchard

Case

[2009] FamCA 321

30 April 2009


Details
AGLC Case Decision Date
Blanchard & Blanchard [2009] FamCA 321 [2009] FamCA 321 30 April 2009

CaseChat Overview and Summary

In the matter of *Blanchard & Blanchard*, the wife sought orders for departure from Child Support Agency assessments concerning the husband's child support liability for their two children. The husband had filed a response to the wife's application. The court was required to determine whether it had jurisdiction to hear the wife's applications and the appropriate course of action regarding the husband's response and existing orders.

The primary legal issue before the court was its jurisdiction to entertain the wife's applications for departure from child support assessments. Additionally, the court had to consider the husband's response and the implications of existing orders made on 21 October 2008, particularly in light of a pending appeal by the husband in the Full Court.

Justice Rose declared that the Court possessed jurisdiction to hear and determine the wife's part-heard applications for departure from child support assessments. The husband's response was dismissed. The court ordered a stay of specific existing orders pending the determination of the husband's appeal, provided the husband diligently prosecuted the appeal and sought the earliest possible hearing date. The further hearing of the wife's applications was adjourned. By consent, a previous order was varied under the slip rule to correct a superannuation fund name, with no order as to costs for this variation. Liberty to apply for directions was granted.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Appeal

  • Stay of Proceedings

  • Consent

  • Costs

Actions
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Cases Citing This Decision

11

PARSONS & KEMP [2014] FamCA 1091
Kemp and Parsons [2014] FamCA 865
Loomis and Thurston and Anor [2014] FamCA 551
Cases Cited

4

Statutory Material Cited

1

Reid v Reid [1999] FamCA 699
Gallo v Dawson [1990] HCA 30