JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: DUNNE (A PSEUDONYM) -v- LLOYD (A PSEUDONYM) [No 2] [2025] WASCA 122
CORAM: THOMSON P
MITCHELL JA
HALL JA
HEARD: 11 AUGUST 2025
DELIVERED : 11 AUGUST 2025
PUBLISHED : 13 AUGUST 2025
FILE NO/S: CACV 50 of 2025
BETWEEN: DUNNE (A PSEUDONYM)
Appellant
AND
LLOYD (A PSEUDONYM)
Respondent
ATTORNEY GENERAL FOR WESTERN AUSTRALIA
Intervener
ON APPEAL FROM:
Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA
Coram: JONES J
Citation: [LLOYD (A PSEUDONYM)] and [DUNNE (A PSEUDONYM)] [2025] FCWA 120
File Number : PTW 5273 of 2021
Catchwords:
Family law - Parenting orders - 'Reversal of care' orders - Where primary orders give sole parental responsibility of children to father - Where mother has appealed against primary orders - Application for stay of primary orders pending determination of the appeal - Principles governing stay applications in parenting matters
Legislation:
Family Court Act 1997 (WA)
Result:
Application for a stay dismissed
Category: A
Representation:
Counsel:
| Appellant | : | P J Hannan |
| Respondent | : | P Giles SC and C Huntly |
| Intervener | : | No appearance |
Solicitors:
| Appellant | : | Klimek & Wijay Family Lawyers |
| Respondent | : | Gillian Marks & Company |
| Intervener | : | State Solicitor's Office (WA) |
Case(s) referred to in decision(s):
Aldridge v Keaton [2009] FamCAFC 106
Anderson v Senior [2013] FamCAFC 152; (2013) 279 FLR 399
Bruce & Bruce (No 2) [2023] FedCFamC1F 1012
Commissioner of Taxation v Myer Emporium Ltd [1986] HCA 13; (1986) 160 CLR 220
De L v Director-General, Department of Community Services (NSW) [1996] HCA 9; (1996) 70 ALJR 532
Dekker & Rapallino (No 2) [2024] FedCFamC1F 726
Dunne (a pseudonym) and Lloyd (a pseudonym) [2025] WASCA 119
Eastland Technology Australia Pty Ltd v Whisson [2003] WASCA 307; (2003) 28 WAR 308
EJK v TSL [2006] FamCA 730; (2006) 202 FLR 240
Field Camp Services Pty Ltd v Site Accommodation Pty Ltd [2011] WASCA 118
House v The King [1936] HCA 40; (1936) 55 CLR 499
In the Marriage of Clemett (1980) 50 FLR 248
Jebb v Superior Lawns Australia Pty Ltd [2018] WASCA 123
K v B [2006] WASCA 100
Langley v Tarelli [No 2] [2020] FamCAFC 126
Lloyd (a pseudonym) and Dunne (a pseudonym) [2025] FCWA 120
P v Q [2023] WASCA 121
Re Evelyn [No 3] (1998) 23 Fam LR 73
Stephens v Taylor [2008] FamCAFC 74
T v S [No 2] [2015] WASCA 235
THOMSON P:
This is an application for an interim stay of 'reversal of care' orders made by the trial judge in respect of a parenting matter in the Family Court of Western Australia, pending an appeal of the trial judge's decision. The 'reversal of care' orders were made on 29 May 2025. The effect was that a child who was 4 years old, was immediately removed from the care of the appellant mother, who…
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- Case
- [2025] WASCA 122
- Decision Date
CaseChat Overview and Summary
In reaching its decision, the court emphasised the importance of considering the best interests of the children in all parenting matters, including stay applications. The court found that the mother had not demonstrated that the stay was necessary to protect the children's welfare or that the potential disruption to the children's lives would be outweighed by the benefit of the stay. The court also considered the impact of the stay on the father's ability to care for the children and found that it was not in the children's best interests to disrupt the primary orders that had been in place for a significant period. The court recognised that parenting orders are not absolute and may be subject to review or variation if circumstances change, but found that the circumstances in this case did not warrant a stay of the primary orders. The court's decision highlights the importance of considering the best interests of the children in all parenting matters, including stay applications, and the need for stability and consistency in children's lives.
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Background
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Decision
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