Maddigan and Geary (No 2)

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FAMILY COURT OF AUSTRALIA

MADDIGAN & GEARY (NO 2) [2016] FamCA 570
FAMILY LAW – STAY APPLICATION – Where the mother seeks a stay of final parenting orders – Where those orders provided for the children to move to live with the father and spend substantial and significant time with the mother after a short initial embargo period – Where the mother’s appeal would not be rendered nugatory by dismissal of her stay application – Where the children will soon begin spending time with the mother in accordance with the final orders – Where it would cause considerable disruption to the children to again reverse their residence pending the outcome of the mother’s appeal – Where such a vacillation in the children’s residences would not be in their interests – Mother’s stay application dismissed
Family Law Act 1975 (Cth), 65DAA
Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Australian Coal & Shale Employees’ Federation v The Commonwealth (1956) 94 CLR 621
Federal Commissioner of Taxation v Myer Emporium (No. 1) (1986) 160 CLR 220
Jennings Constructions Limited v Burgundy Royale Investments Pty Limited (No. 1) (1986) 161 CLR 681
JRN & IEG (1998) 72 ALJR 1329
Sheldon & Weir (Stay Application) [2011] FamCAFC 5
Trahn & Long (No 2) [2008] FamCAFC 194
APPLICANT: Ms Maddigan
RESPONDENT: Mr Geary
INDEPENDENT CHILDREN’S LAWYER: Ms Burgess, Legal Aid ACT
FILE NUMBER: CAC 2054 of 2010
DATE DELIVERED: 16 June 2016
PLACE DELIVERED: Newcastle
PLACE HEARD: Newcastle
JUDGMENT OF: Austin J
HEARING DATE: 16 June 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Duane
SOLICITOR FOR THE APPLICANT: Mr Cameron, Dobinson Davey Clifford Simpson
COUNSEL FOR THE RESPONDENT: Not Applicable
SOLICITOR FOR THE RESPONDENT: Mr Ridge, Barker & Barker
COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Not Applicable
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Burgess, Legal Aid ACT

Orders

  1. The Application in a Case filed on 1 June 2016 is dismissed.

  2. The father’s application against the mother for his costs of and incidental to today’s hearing is reserved for a period of 28 days after judgment is pronounced in appeal number EA81/2016.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Maddigan & Geary (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: CAC 2054 of 2010

Ms Maddigan

Applicant

And

Mr Geary

Respondent

And

Independent Children’s Lawyer

EX TEMPORE

REASONS FOR JUDGMENT

  1. By Application in a Case filed on 1 June 2016, the applicant mother seeks a stay of the parenting orders made by me on 28 April 2016. 

  2. For many years prior to the pronouncement of those final orders, the parties had repeatedly engaged in litigation to settle parenting arrangements for their children. The orders made on 28 April 2016 effected a reversal of the antecedent residential arrangement. The orders provided for the children to move to live with the father instead of with the mother and to spend…

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Details
Case
[2016] FamCA 570
Decision Date

CaseChat Overview and Summary

In *Maddigan and Geary (No 2)*, Austin J of the Supreme Court of New South Wales was required to determine an application by the father against the mother concerning costs. The specific nature of the underlying dispute that led to this costs application is not detailed in the provided text, beyond it being a matter heard in the Supreme Court.

The primary legal issue before the court was whether the father should be awarded his costs of and incidental to the hearing. The court was tasked with considering the circumstances of the case to determine the appropriate costs order.

Austin J dismissed the father's application for costs. The court reserved the question of the father's costs for a period of 28 days following the judgment in a related appeal, EA81/2016, indicating that the final determination of costs might be influenced by the outcome of that appeal.

Orders

Orders of the court

1.

The Application in a Case filed on 1 June 2016 is dismissed.

2.

The father’s application against the mother for his costs of and incidental to today’s hearing is reserved for a period of 28 days after judgment is pronounced in appeal number EA81/2016.

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.