FAMILY COURT OF AUSTRALIA
| MACLEAY & GLENISTER | [2019] FamCA 646 |
| FAMILY LAW – INTERIM APPLICATIONS – for a raft of parenting orders – also for spousal maintenance and sole use orders. |
| Age of Majority Act 1977 (Vic) Family Law Act 1975 (Cth), ss 11F, 60CC, 72, 74, 75, 77, 114 |
| Banks & Banks [2015] FamCAFC 36 In the Marriage of Briers (1978) FLC 90‑483 In the Marriage of Redman & Redman (1987) 11 Fam LR 411 In the Marriage of Rowe (1980) 6 Fam LR 435 In the Marriage of Stein (2000) 25 Fam LR 727 In the Marriage of Stone (1976) 2 Fam LR 11,235 Marvel v Marvel (2010) 43 Fam LR 348 Perdicari & Perdicari [2019] FamCAFC 147 Redmond & Redmond [2014] FamCAFC 155 SS & AH [2010] FamCAFC 13 |
| APPLICANT: | Ms Macleay |
| RESPONDENT: | Mr Glenister |
| FILE NUMBER: | MLC | 8407 | of | 2019 |
| DATE DELIVERED: | 12 September 2019 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 10 September 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr A. Robinson |
| SOLICITOR FOR THE APPLICANT: | Blackwood Family Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms M. Smallwood |
| SOLICITOR FOR THE RESPONDENT: |
Orders
Paragraphs 24 and 25 of the applicant’s application for interim orders are dismissed.
The interim application for spousal maintenance is dismissed.
The interim application for an order that the applicant have sole use and occupancy of the family home is dismissed.
All interim parenting applications are referred to the Senior Registrar.
The application for hair follicle testing is dismissed.
The application for the provision of valuation evidence is refused.
Costs are reserved.
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 Macleay & Glenister 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 MELBOURNE |
FILE NUMBER: MLC 8407 of 2019
| Ms Macleay |
Applicant
And
| Mr Glenister |
Respondent
REASONS FOR JUDGMENT
Introduction
While sitting in the Judicial Duty List on 10 September 2019 I…
Continue reading Macleay and Glenister
Sign in free to access the full text
- AGLC
- Macleay and Glenister [2019] FamCA 646
- Case
- [2019] FamCA 646
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant the applicant's interim applications for spousal maintenance and sole use and occupancy of the family home. Further, the court had to consider the interim parenting applications, the application for hair follicle testing, and the application for valuation evidence.
Wilson J dismissed the applicant's interim applications for spousal maintenance and sole use and occupancy of the family home. The court also dismissed the application for hair follicle testing and refused the application for the provision of valuation evidence. All interim parenting applications were referred to the Senior Registrar. Costs were reserved.
Orders
Orders of the court
1.
Paragraphs 24 and 25 of the applicant’s application for interim orders are dismissed.
2.
The interim application for spousal maintenance is dismissed.
3.
The interim application for an order that the applicant have sole use and occupancy of the family home is dismissed.
4.
All interim parenting applications are referred to the Senior Registrar.
5.
The application for hair follicle testing is dismissed.
6.
The application for the provision of valuation evidence is refused.
7.
Costs are reserved.
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.