Derwen and Ling

Case

[2009] FamCA 15

20 January 2009


Details
AGLC Case Decision Date
Derwen and Ling [2009] FamCA 15 [2009] FamCA 15 20 January 2009

CaseChat Overview and Summary

In the matter of *Derwen and Ling*, heard before Jordan J, the dispute concerned allegations of contravention of court orders made on 5 June 2008. The Applicant Father alleged that the Respondent Mother had contravened these orders, while the Respondent Mother had also filed an Application for Contravention against the Applicant Father.

The court was required to determine whether the Respondent Mother had contravened the orders of 5 June 2008, specifically paragraph 2 thereof, and whether the Applicant Father had contravened the orders of 5 June 2008 as particularised in his application. The court also had to consider the applications for leave to withdraw filed by both parties' legal representatives and the Respondent Mother's application for contravention.

Jordan J found that the Respondent Mother, Ms Ling, had indeed contravened the court orders of 5 June 2008, particularly paragraph 2. Despite this finding, the court ordered that no sanction be imposed upon the Mother. The court also granted leave for the solicitor on record for the Applicant Father to withdraw, and for the Respondent Mother to withdraw her Application for Contravention filed on 23 June 2008. Furthermore, the Applicant Father was granted leave to withdraw the contraventions particularised on pages 2, 4, and 5 of his Application for Contravention filed on 8 July 2008. Consequently, the Father's Application for Contravention filed on 8 July 2008 was removed from the list of cases awaiting finalisation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Procedural Fairness

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