Handley and Dantes
Case
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[2010] FamCA 1076
•26 October 2010
Details
AGLC
Case
Decision Date
Handley and Dantes [2010] FamCA 1076
[2010] FamCA 1076
26 October 2010
CaseChat Overview and Summary
In the matter of *Handley and Dantes*, Barry J considered applications by the Father, Mr Handley, to vary existing children's orders and a contravention application. The Mother, Ms Dantes, was the respondent.
The court was required to determine whether the Father's applications to vary the children's orders and his contravention application should be dismissed. Additionally, the court considered whether to impose a restriction on the Father's ability to file future child-related applications without leave, and the appropriate orders for costs.
Barry J dismissed the Father's applications to vary the children's orders and his contravention application. The court found it necessary to restrain the Father from filing further child-related applications in the Family Court, except by leave of a Judicial Officer, pursuant to section 118 of the *Family Law Act*. The Independent Children's Lawyer was discharged. The Father's application for costs was dismissed, and he was ordered to pay the Mother's legal costs in relation to the contravention application, the proceedings heard on 4 and 20 August 2010, and the Father's application filed on 1 March 2010.
The court was required to determine whether the Father's applications to vary the children's orders and his contravention application should be dismissed. Additionally, the court considered whether to impose a restriction on the Father's ability to file future child-related applications without leave, and the appropriate orders for costs.
Barry J dismissed the Father's applications to vary the children's orders and his contravention application. The court found it necessary to restrain the Father from filing further child-related applications in the Family Court, except by leave of a Judicial Officer, pursuant to section 118 of the *Family Law Act*. The Independent Children's Lawyer was discharged. The Father's application for costs was dismissed, and he was ordered to pay the Mother's legal costs in relation to the contravention application, the proceedings heard on 4 and 20 August 2010, and the Father's application filed on 1 March 2010.
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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Costs
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Remedies
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Jurisdiction
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Procedural Fairness
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Citations
Handley and Dantes [2010] FamCA 1076
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