Gillard and Gillard (No 2)

This matter concerned an appeal from orders made by Justice Johnston on 23 January 2015. The appeal was filed on 29 January 2015. The court was required to determine whether to stay the earlier orders pending the outcome of the appeal and to make interim consent orders regarding the children.

The court was required to determine the legal issues surrounding the stay of the original orders and the terms of interim consent orders. These consent orders addressed the living arrangements for the children, specifying which parent each child would live with, and detailed supervised time arrangements with both parents. The orders also included provisions for telephone contact, restraints on recording or discussing proceedings with the children, and prohibitions against physical chastisement and denigration of the other parent.

Justice Johnston's reasoning, as reflected in the orders, involved the parties reaching a consent agreement on the interim arrangements for the children. The court applied principles of family law by making orders for the children's living arrangements and time with each parent, with a focus on supervised contact and communication. The court also imposed specific restraints on the parties to protect the children's welfare and the integrity of the proceedings. The court stayed the original orders pending the appeal, subject to the father complying with specific conditions related to prosecuting the appeal expeditiously. The mother's application for a recovery order was removed from the active list with liberty to relist.