DICKENS & DICKENS
Case
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[2015] FamCA 294
•10 April 2015
Details
AGLC
Case
Decision Date
DICKENS & DICKENS [2015] FamCA 294
[2015] FamCA 294
10 April 2015
CaseChat Overview and Summary
In the matter of *Dickens & Dickens*, Johnston J considered applications by the father concerning orders made by the Federal Magistrates Court on 20 December 2011 and subsequent orders of the Court made on 27 January 2015. The dispute involved the father seeking a stay of certain orders and the mother's alleged contravention of existing court orders.
The primary legal issues before the Court were whether to grant a stay of specific orders made on 27 January 2015 pending the father's appeal, whether to permit the father to withdraw other applications, and the appropriate response to the Court's finding that the mother had contravened previous Family Law Act 1975 orders.
Johnston J determined that there was no basis to stay the orders referred to in paragraphs 1 and 3 of the father's application, dismissing those aspects of the application. However, by consent, the Court ordered a stay of order 5 made on 27 January 2015, contingent upon the completion of the father's appeal. Leave was granted for the father to withdraw applications at paragraphs 4 and 5 of his application. Regarding the mother's contravention of the 20 December 2011 orders, the Court ordered that she enter into a bond for twelve months, requiring her to be of good behaviour and comply with all court orders, with a sum of $3,000.00 payable to the Commonwealth should she breach the conditions of the bond.
The primary legal issues before the Court were whether to grant a stay of specific orders made on 27 January 2015 pending the father's appeal, whether to permit the father to withdraw other applications, and the appropriate response to the Court's finding that the mother had contravened previous Family Law Act 1975 orders.
Johnston J determined that there was no basis to stay the orders referred to in paragraphs 1 and 3 of the father's application, dismissing those aspects of the application. However, by consent, the Court ordered a stay of order 5 made on 27 January 2015, contingent upon the completion of the father's appeal. Leave was granted for the father to withdraw applications at paragraphs 4 and 5 of his application. Regarding the mother's contravention of the 20 December 2011 orders, the Court ordered that she enter into a bond for twelve months, requiring her to be of good behaviour and comply with all court orders, with a sum of $3,000.00 payable to the Commonwealth should she breach the conditions of the bond.
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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Appeal
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Consent
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Stay of Proceedings
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Penalty
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Remedies
Actions
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Citations
DICKENS & DICKENS [2015] FamCA 294
Cases Citing This Decision
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Statutory Material Cited
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