Madden and Callanan (No.2)

Case [2016] FCCA 346


FEDERAL CIRCUIT COURT OF AUSTRALIA

MADDEN & CALLANAN (No.2) [2016] FCCA 346
Catchwords:
FAMILY LAW – Parenting – application for stay of interim Orders pending appeal.

Legislation:

Federal Circuit Court Rules 2001, r.16.05(2)(e)

Friscioni & Friscioni [2009] FamCAFC 43
Madden& Callanan [2016] FCCA 59
Sheldon & Weir(Stay Application) [2011] FamCAFC 5
Applicant: MS MADDEN
Respondent: MR CALLANAN
File Number: WOC 1081 of 2015
Judgment of: Judge Altobelli
Hearing date: 11 February 2016
Date of Last Submission: 11 February 2016
Delivered at: Wollongong
Delivered on: 22 February 2016

REPRESENTATION

Counsel for the Applicant: Mr Dura
Solicitors for the Applicant: Rossi Simicic Lawyers
Counsel for the Respondent: Ms Gillies
Solicitors for the Respondent: TH Walker Solicitors
Solicitors for the Independent Children's Lawyer: DGB Lawyers

ORDERS

  1. The Application in a Case filed 8 February 2016 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Madden & Callanan (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 1081 of 2015

MS MADDEN

Applicant

And

MR CALLANAN

Respondent

REASONS FOR JUDGMENT

Introduction

  1. These reasons for judgment explain why the Court has declined to stay its Orders made in this case on 22 January 2016.

Background

  1. The case concerns two children, X, born (omitted) 2008 and Y, born (omitted) 2010.

  2. On 22 January 2016, I made interim Orders in relation to the children and then transferred the matter to the Family Court of Australia at Sydney to be listed for directions before a Registrar on 24 March 2016 at 9:30am, with a recommendation that the matter go into the Magellan list.  The reasons for judgment were published as Madden & Callanan [2016] FCCA 59.

  3. On 8 February 2016, the Mother filed an Application in a Case seeking that Orders 3 and 4 of the Orders made 22 January 2016 be stayed.  She sought an order that, pending the determination of her appeal filed 4 February 2016, the children spend time with the Father at a supervised contact centre or equivalent.  Orders 3 and 4 made on 22 January 2016 provide for the children to spend time with their father from 8:00am each Monday until the commencement of school on Wednesday or 9:00am for Y, or until 9:00am on any day when the child, X, is not required to attend school.  The Orders also covered special days and incidental matters.

  4. The Mother’s Application in a Case seeking a stay was supported by her Affidavit sworn 8 February 2016 and filed on that date.

  5. By way of a Response to an Application in a Case filed 11 February 2016, the Father sought, in effect, dismissal of the Mother’s application, together with an amendment to the Orders pursuant to the slip rule (r.16.05(2)(e)).  This part of the application was uncontentious.  The Father’s response was supported by his Affidavit, sworn 10 February 2016 and filed on 11 February 2016. 

  6. The stay application came before me on 11 February 2016.  Mr Dura…

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AGLC
Madden and Callanan (No.2) [2016] FCCA 346
Case
[2016] FCCA 346
Decision Date

CaseChat Overview and Summary

In the matter of *Madden and Callanan (No.2)*, Judge Altobelli of the Federal Circuit Court of Australia considered an application filed on 8 February 2016. The specific nature of the dispute between the parties, Madden and Callanan, is not detailed in the provided text, nor is the context of the application.

The central legal issue before the Court was whether the application filed on 8 February 2016 should be dismissed. The Court was required to determine the merits of this application and decide on its ultimate disposition.

After considering the application, Judge Altobelli ordered that the Application in a Case filed 8 February 2016 be dismissed.

Orders

Orders of the court

1.

The Application in a Case filed 8 February 2016 be dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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