Langmeil & Grange

In *Langmeil & Grange*, heard by Dawe J, the mother sought various urgent interim orders concerning her children pending the determination of her appeal against final orders made in November 2008. These included an order for the children to spend half their time with her, the dismissal of the Independent Children's Lawyer, and the dismissal of her own initiating application. The mother also sought to uphold subpoenas she had issued. The father sought costs.

The court was required to determine whether to grant the mother's applications for interim orders, the dismissal of the Independent Children's Lawyer, and the dismissal of her own initiating application, as well as whether to uphold the subpoenas she had issued. The court also had to consider the father's application for costs.

Dawe J reasoned that the mother's application for interim orders was inappropriate as the matters raised had already been determined by the trial judge and were the subject of the pending appeal, and would have been the subject of a stay application. The court found that making the interim orders sought would not be in the best interests of the children. Similarly, the application for the dismissal of the Independent Children's Lawyer was dismissed as no basis had been established. The mother's initiating application was also dismissed as the matters were already dealt with and subject to appeal. The subpoenas were discharged as it was not established that they dealt with issues the subject of the appeal.

The mother was wholly unsuccessful in her applications. Considering the financial circumstances of the parties, including the final property settlement orders, Dawe J ordered that the mother pay the father's costs of and incidental to the applications, to be deducted from the amount payable by the father to the mother by way of final property settlement.