Lambert & Lambert
Case
•
[2017] FCCA 349
•2 March 2017
Details
AGLC
Case
Decision Date
Lambert & Lambert [2017] FCCA 349
[2017] FCCA 349
2 March 2017
CaseChat Overview and Summary
In *Lambert & Lambert*, the applicant sought to vary final parenting orders made by consent in May 2015. The primary consideration for the court was the best interests of the children.
The central legal issue before the court was whether there had been a sufficient change in circumstances since the making of the final orders to justify revisiting the parenting arrangements. The court was required to consider the principles established in *Rice & Asplund* regarding the circumstances under which final parenting orders can be varied.
Judge Obradovic applied the principles from *Rice & Asplund*, noting that a significant change in circumstances is required to justify a new hearing. The court found that it was not in the children’s best interests to be involved in further litigation and that the alleged changes in circumstances were not of sufficient significance to warrant revisiting the existing parenting orders. Consequently, the application was dismissed. The court also considered an application for indemnity costs, which was granted, ordering the respondent to pay the applicant's costs.
The central legal issue before the court was whether there had been a sufficient change in circumstances since the making of the final orders to justify revisiting the parenting arrangements. The court was required to consider the principles established in *Rice & Asplund* regarding the circumstances under which final parenting orders can be varied.
Judge Obradovic applied the principles from *Rice & Asplund*, noting that a significant change in circumstances is required to justify a new hearing. The court found that it was not in the children’s best interests to be involved in further litigation and that the alleged changes in circumstances were not of sufficient significance to warrant revisiting the existing parenting orders. Consequently, the application was dismissed. The court also considered an application for indemnity costs, which was granted, ordering the respondent to pay the applicant's costs.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
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Citations
Lambert & Lambert [2017] FCCA 349
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
3
Poisat & Poisat
[2014] FamCAFC 128
Penfold v Penfold
[1980] HCA 4
Wrensted & Eades
[2016] FamCAFC 46