Actions
Cases Citing This Decision
0
Statutory Material Cited
0
-
Defrey & Radnor
[2021] FamCAFC 67
Citation 1
(Para 23)
…ern & Colli ’), the Full Court confirmed the approach to be taken in these cases when at [35], the Full Court said this – 35.In Defrey & Radnor [2021] FamCAFC 67 after considering what was said in SPS and PLS (2008) FLC 93-363 at [81] and [84], Miller & Harrington (2008) FLC 93-383 at [105] and Marsden v Winch at [5…
-
Walter & Walter
[2016] FamCAFC 56
Citation 2
(Para 22)
…The Full Court in Walter & Walter [2016] FamCAFC 56 (‘ Walter & Walter ’) at paragraph [51] confirmed SPS & PLS insofar as where the question of whether a sufficient change in circumstances has occurred is determined as a preliminary matter to the hearing of the initiating application, it is accepted that the applic…
-
Carriel & Lendrum
[2015] FamCAFC 43
Citation 3
(Para 13)
…’s application is a parenting order remains the subject of some controversy: see Poisat & Poisat [2014] FamCAFC 128 at [54] and Carriel & Lendrum [2015] FamCAFC 43 at [61].…
-
Poisat & Poisat
[2014] FamCAFC 128
Citation 4
(Para 13)
…father’s application for me to dismiss the mother’s application is a parenting order remains the subject of some controversy: see Poisat & Poisat [2014] FamCAFC 128 at [54] and Carriel & Lendrum [2015] FamCAFC 43 at [61].…
-
Wickey v McVicar
[2012] ACTCA 38
Citation 5
(Para 23)
…Consequently, the challenge to the primary judge’s discretionary decision is one to which the normal principles in House v The King (1936) 55 CLR 499 and Gronow v Gronow (1979) 144 CLR 513 apply. The primary judge’s task was a two-staged process. First, to make findings of fact as to what changes there had been in c…
-
Marsden & Winch
[2009] FamCAFC 152
Citation 6
(Para 19)
…The Full Court in Marsden & Winch [2009] FamCAFC 152 said at paragraph 58: Nevertheless, there are significant changes that occur and which do require a court to reconsider decisions previously made. Whether in a particular case a court should be willing to embark upon another hearing concerning the child and parent,…
-
SPS & PLS
[2008] FamCAFC 16
Citation 7
(Para 20)
…Warnick J in SPS and PLS [2008] FamCAFC 16 (‘ SPS & PLS ’) observed at [81] that when the threshold question described in Rice & Asplund is determined as a preliminary matter, it remains a determination “on the merits”. Where an application is dismissed at a preliminary stage it is done so because, assuming the evid…
-
Gronow v Gronow
[1979] HCA 63
Citation 8
(Para 23)
…mary judge’s discretionary decision is one to which the normal principles in House v The King (1936) 55 CLR 499 and Gronow v Gronow (1979) 144 CLR 513 apply. The primary judge’s task was a two-staged process. First, to make findings of fact as to what changes there had been in circumstances since the making of the 20…
-
Rice & Asplund
[1978] FamCA 84
Citation 9
(Para 4)
…commence parenting proceedings should be dismissed in full (or in part) in reliance of the principle espoused in the decision of Rice and Asplund [1978] FamCA 84 ; and (b)If the proceedings were not dismissed, then – (i)what (if any) parenting orders should be made in variation to the existing final orders in cont…
-
Stern & Colli
[2022] FedCFamC1A 95
Citation 10
(Para 23)
…In Stern & Colli [2022] FedCFamC1A 95 (‘ Stern & Colli ’), the Full Court confirmed the approach to be taken in these cases when at [35], the Full Court said this – 35.In Defrey & Radnor [2021] FamCAFC 67 after considering what was said in SPS and PLS (2008) FLC 93-363 at [81] and [84], Miller & Harrington (2008) FLC 9…