Chranley and Smart (No 2)

Case

[2010] FamCA 301

6 April 2010


Details
AGLC Case Decision Date
Chranley and Smart (No 2) [2010] FamCA 301 [2010] FamCA 301 6 April 2010

CaseChat Overview and Summary

In the matter of *Chranley and Smart (No 2)*, Justice Dawe of the Federal Circuit Court of Australia considered an application concerning a child, S. The proceedings were initiated by the Applicant Father, Mr Chranley, but he subsequently discontinued his application. The matter proceeded on an undefended basis, with the Respondent Mother, Ms Smart, having filed a Response to the Initiating Application.

The court was required to determine the status of existing orders regarding the child's time with the Applicant Father and to schedule the hearing of contravention and contempt applications. Specifically, the court needed to decide whether to suspend the order made on 4 December 2007, which provided for the child to spend time with the Applicant Father, and any other similar orders. Furthermore, the court had to set a date for the hearing of outstanding contravention and contempt applications.

Justice Dawe ordered that the existing order for the child S to spend time with the Applicant Father be suspended, along with any other order making provision for such time. The contravention and contempt applications were listed for a five-day hearing before Justice Dawe on 9 August 2010. The Independent Children’s Lawyer was directed to inform the parties by 2 July 2010 whether counsel for the Independent Children’s Lawyer would participate in the contravention/contempt hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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