Malcher and Malcher (No 2)

Case

[2014] FamCA 1230

18 July 2014


Details
AGLC Case Decision Date
Malcher and Malcher (No 2) [2014] FamCA 1230 [2014] FamCA 1230 18 July 2014

CaseChat Overview and Summary

In the matter of *Malcher and Malcher (No 2)*, Johnston J of the Family Court of Australia considered undertakings provided by the father in a dispute between the parties concerning their children. The proceedings involved an application by the wife and the father's response, with the court's attention focused on the father's conduct and the interim contact orders.

The primary legal issues before the court were whether to accept the father's undertakings regarding his conduct towards the children and the enforcement of existing interim contact orders, and whether to dismiss a specific paragraph of the wife's response. The court also had to determine the disposition of costs.

Johnston J accepted the father's written undertakings, which included refraining from taking steps to enforce or bring proceedings arising from any alleged breach of interim contact orders concerning one of the children, pending the release of an updating report or a specified date. The father also undertook not to shout at, act aggressively towards, or physically punish any of the children. The court dismissed paragraph 1 of the wife's Response to an Application in a Case filed on 15 July 2014 and ordered that all costs be reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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