COLES & BROOKES
Case
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[2011] FamCA 127
•3 March 2011
Details
AGLC
Case
Decision Date
COLES & BROOKES [2011] FamCA 127
[2011] FamCA 127
3 March 2011
CaseChat Overview and Summary
In the matter of *Coles & Brookes*, the applicant, Mr Coles, sought to file an application for parenting orders shortly after a final hearing in December 2010, which had resulted in existing parenting orders. The proposed application sought to relocate the children a considerable distance.
The primary legal issue before the court was whether the application filed by Mr Coles on 22 February 2011, which sought both interim and final orders, should be summarily dismissed, particularly given that it was not filed in accordance with the final orders previously made.
His Honour, Faulks DCJ, determined that the application was not properly before the court. The court reasoned that the application was filed in contravention of the final orders made in December 2010, which had resolved the parenting arrangements. Consequently, the court found no basis to entertain a new application that sought to alter those arrangements so soon after they had been finalised.
The application filed by Mr Coles on 22 February 2011 was summarily dismissed, both in relation to the interim orders sought and the final orders sought.
The primary legal issue before the court was whether the application filed by Mr Coles on 22 February 2011, which sought both interim and final orders, should be summarily dismissed, particularly given that it was not filed in accordance with the final orders previously made.
His Honour, Faulks DCJ, determined that the application was not properly before the court. The court reasoned that the application was filed in contravention of the final orders made in December 2010, which had resolved the parenting arrangements. Consequently, the court found no basis to entertain a new application that sought to alter those arrangements so soon after they had been finalised.
The application filed by Mr Coles on 22 February 2011 was summarily dismissed, both in relation to the interim orders sought and the final orders sought.
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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Summary Judgment
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Procedural Fairness
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Jurisdiction
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Citations
COLES & BROOKES [2011] FamCA 127
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