FAMILY COURT OF AUSTRALIA
| HUTCHESON & MELI (NO 2) | [2016] FamCA 646 |
| FAMILY LAW – STAY – where the father seeks a stay of orders permitting the mother to relocate to the United Kingdom – where the application is opposed – where consideration is given to the principles to be applied in determining an application for a stay – where the application is dismissed. |
| Family Law Act 1975 (Cth) |
| Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106 |
| APPLICANT: | Mr Hutcheson |
| RESPONDENT: | Ms Meli |
| FILE NUMBER: | ADC | 2177 | of | 2014 |
| DATE DELIVERED: | 10 August 2016 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 5 August 2016 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Anderson |
| SOLICITOR FOR THE APPLICANT: | Duncan Basheer Hannon |
| COUNSEL FOR THE RESPONDENT: | Ms Lewis |
| SOLICITOR FOR THE RESPONDENT: | Clelands Lawyers |
Orders
The Application in a Case filed by the father on 26 July 2016 is dismissed.
The stay of paragraph 28 of the orders of 25 May 2016 is revoked.
Paragraph 28 of the orders of 25 May 2016 is amended to provide for payment to be made by 4.00 pm on 12 August 2016.
Paragraph 28 of the orders of 25 May 2016 is further amended to include release of funds upon further order of the Court for enforcement of any orders following the decision of the Full Court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Hutcheson & Meli (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: ADC 2177 of 2014
| Mr Hutcheson |
Applicant
And
| Ms Meli |
Respondent
REASONS FOR JUDGMENT
Introduction
By Application in a Case filed by the father on 26 July 2016, the father Mr Hutcheson, sought that many of the orders made by me on 25 May 2016 be stayed. The mother, Ms Meli opposed the stay.
Background
Following a lengthy trial in February 2016 I made final orders on 25 May 2016 for reasons which were then published. The orders made provided for the mother to have sole parental responsibility for the child B born in 2011 (“the child”) and that the child live with the mother.
There were specific orders made setting out the time the father was to spend with the child, whilst the child remained in Australia…
Keep reading for free
Create a free CaseChat account to read Hutcheson and Meli (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] FamCA 646
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether to dismiss the father's application, whether to revoke a previously granted stay on paragraph 28 of the 25 May 2016 orders, and how to amend paragraph 28 to ensure the effective enforcement of any future orders arising from a decision of the Full Court.
Dawe J's reasoning led to the dismissal of the father's application. The Court revoked the stay that had been placed on paragraph 28 of the 25 May 2016 orders. Furthermore, the Court amended paragraph 28 to set a specific payment deadline of 4.00 pm on 12 August 2016 and to include a provision for the release of funds upon further order of the Court, specifically for the enforcement of any orders that might follow the Full Court's decision.
Orders
Orders of the court
1.
The Application in a Case filed by the father on 26 July 2016 is dismissed.
2.
The stay of paragraph 28 of the orders of 25 May 2016 is revoked.
3.
Paragraph 28 of the orders of 25 May 2016 is amended to provide for payment to be made by 4.00 pm on 12 August 2016.
4.
Paragraph 28 of the orders of 25 May 2016 is further amended to include release of funds upon further order of the Court for enforcement of any orders following the decision of the Full Court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.