Irwin & Irwin
Case
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[2007] FamCA 1166
•27 September 2007
Details
AGLC
Case
Decision Date
Irwin & Irwin [2007] FamCA 1166
[2007] FamCA 1166
27 September 2007
CaseChat Overview and Summary
In *Irwin & Irwin*, heard by Young J, the dispute concerned interim orders relating to the children of the marriage and the conduct of the husband towards the wife. The wife sought orders for the children to live with her, for her safety and protection from the husband, and for the husband's time with the children to be reserved.
The court was required to determine whether to grant interim orders for the children to reside with the wife, whether to restrain the husband's contact with the wife, and whether to reserve the husband's time with the children pending further orders. The court also considered the need for the husband to attend court with legal advice.
Young J made orders that the children live with the wife until further order, and that the husband's time with the children be reserved. The court also issued an apprehended violence order, restraining the husband from harassing, assaulting, threatening, intimidating, or contacting the wife, and from attending her parents' home. The wife was granted leave to amend her application, and the husband was ordered to attend court on a specified date and to obtain legal advice. Liberty to apply was reserved.
The court was required to determine whether to grant interim orders for the children to reside with the wife, whether to restrain the husband's contact with the wife, and whether to reserve the husband's time with the children pending further orders. The court also considered the need for the husband to attend court with legal advice.
Young J made orders that the children live with the wife until further order, and that the husband's time with the children be reserved. The court also issued an apprehended violence order, restraining the husband from harassing, assaulting, threatening, intimidating, or contacting the wife, and from attending her parents' home. The wife was granted leave to amend her application, and the husband was ordered to attend court on a specified date and to obtain legal advice. Liberty to apply was reserved.
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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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Irwin & Irwin [2007] FamCA 1166
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
1