Lowe and Short
Case
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[2009] FamCA 314
•9 April 2009
Details
AGLC
Case
Decision Date
Lowe and Short [2009] FamCA 314
[2009] FamCA 314
9 April 2009
CaseChat Overview and Summary
Watts J considered applications to vary consent orders made on 19 February 2009 concerning children. The primary dispute involved the father's applications to amend specific orders relating to the child's time with each parent and the discussion of proceedings.
The court was required to determine whether to vary the existing consent orders, specifically concerning the referencing of previous orders within the consent orders and the time of changeover for parental access. The father also sought to introduce a new condition regarding the location of changeovers.
Watts J applied the slip rule to correct typographical errors in the original consent orders, specifically amending references to other orders to ensure clarity and accuracy. The court also varied an order by consent to adjust the time of changeover from 5pm to 6pm on Fridays. However, the father's further applications, including an oral application to remove a specific sub-order and to designate a new location for changeovers, were dismissed. The court also made new orders prohibiting either parent from denigrating the other or discussing the proceedings in the presence or hearing of the child.
The court was required to determine whether to vary the existing consent orders, specifically concerning the referencing of previous orders within the consent orders and the time of changeover for parental access. The father also sought to introduce a new condition regarding the location of changeovers.
Watts J applied the slip rule to correct typographical errors in the original consent orders, specifically amending references to other orders to ensure clarity and accuracy. The court also varied an order by consent to adjust the time of changeover from 5pm to 6pm on Fridays. However, the father's further applications, including an oral application to remove a specific sub-order and to designate a new location for changeovers, were dismissed. The court also made new orders prohibiting either parent from denigrating the other or discussing the proceedings in the presence or hearing of the child.
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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Consent
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Appeal
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Remedies
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Procedural Fairness
Actions
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Citations
Lowe and Short [2009] FamCA 314
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