Blanchard & Blanchard
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Appeal
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Stay of Proceedings
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Consent
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Costs
Actions
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Citations
Blanchard & Blanchard [2009] FamCA 321
Most Recent Citation
David Jones Finance & Investments Pty Ltd & Anor v Commissioner of Taxation of the Commonwealth [1991] FCA 139 (91 ATC 4315; 21 ATR 1506; 99 ALR 447; 28 FCR 484)
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
Cody v J H Nelson Pty Ltd
[1947] HCA 17
Gallo v Dawson
[1990] HCA 30