Cairns and Bowler

Case

[2007] FamCA 1039

30 August 2007


Details
AGLC Case Decision Date
Cairns and Bowler [2007] FamCA 1039 [2007] FamCA 1039 30 August 2007

CaseChat Overview and Summary

This matter concerned orders made by Young J in the Family Court of Australia, relating to a dispute between a husband and wife regarding their children. The orders addressed arrangements for the children's time with their mother during school holidays, financial responsibilities for travel, and procedural steps for an upcoming hearing.

The court was required to determine the specific arrangements for the children's time with the wife during the forthcoming Victorian September school holiday period, including the allocation of responsibility for airfares. Furthermore, the court was tasked with setting deadlines for the filing and service of affidavits and financial statements by both parties and the Independent Children's Lawyer, as well as outlining the consequences of contravening the orders.

Young J ordered that the children spend time with the wife from 20 September to 3 October 2007, with the wife responsible for the airfares from Melbourne to Brisbane and the husband for the return journey. The court also directed the husband to file and serve his trial affidavit and an updated financial statement by 27 September 2007, and the wife to do the same by 5 October 2007. The Independent Children's Lawyer was to file and serve any affidavits by 21 September 2007. The matter was adjourned for a further hearing before Dessau J. on 15 and 16 October 2007, with specific provisions for updated applications and responses to be filed by 21 September 2007. The court also noted that particulars of obligations and consequences of contravention were set out in Annexure "A" pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

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