CLIVERY & CONWAY

Case

[2009] FamCA 1321

16 November 2009


Details
AGLC Case Decision Date
CLIVERY & CONWAY [2009] FamCA 1321 [2009] FamCA 1321 16 November 2009

CaseChat Overview and Summary

In *Clivey & Conway*, heard by Faulks DCJ, the dispute concerned allegations of child abuse made against the mother, with a lack of supporting evidentiary material. The proceedings also involved an application to transfer the matter from Canberra to Brisbane and the determination of time to be spent between the child and the mother.

The court was required to determine whether the proceedings should be transferred to the Brisbane Registry, the outcome of the father's application filed on 16 November 2009, and the mother's applications filed on 17 August 2009 and 6 November 2009. Additionally, the court had to consider applications for compensatory contact and the finalisation of all other outstanding applications.

The court ordered the transfer of the proceedings concerning the final orders sought by the father to the Brisbane Registry. The father's application filed on 16 November 2009, save for the transfer aspect, was dismissed. The mother's applications were concluded, with the program of weekend time for the child with her mother to recommence on 20 November 2009. Applications for compensatory contact were dismissed, as were all other applications before the court except for that generated by the father's response filed on 16 November 2009. The father was ordered to pay the mother's costs, not on an indemnity basis, as agreed or assessed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346
Marsden & Winch [2009] FamCAFC 152