FEDERAL CIRCUIT COURT OF AUSTRALIA
| MANSFIELD & MANSFIELD | [2016] FCCA 2233 |
| Catchwords: FAMILY LAW – Interim proceedings concerning parenting arrangements of children aged ten & eight – application for injunction restraining alcohol consumption during all periods children are in the care of mother – nature of interim hearing – whether grant of injunction is appropriate – assessment of risk – matters to be considered – evidentiary basis – costs. |
| Legislation: Family Law Act 1975, ss.60CA, 60CC, 64B, 68B,117(1), 117(2), 117(2A) Federal Circuit Court Rules, r.21.02(2), r.21.10, r.21.15 |
| Cases cited: Mann & Anor & Vargas & Anor [2010] FamCACF 50 M & M (1988) FLC 91-979 Keats & Keats [2016] FamCAFC 156 SS v AH [2010] FamCAFC 13 |
| Applicant: | MR MANSFIELD |
| Respondent: | MS MANSFIELD |
| File Number: | ADC 4119 of 2014 |
| Judgment of: | Judge Brown |
| Hearing date: | 19 August 2016 |
| Date of Last Submission: | 19 August 2016 |
| Delivered at: | Adelaide |
| Delivered on: | 6 September 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr J McGinn |
| Solicitors for the Applicant: | Scanlan Carroll Pty Ltd |
| Counsel for the Respondent: | Mr A Jordan |
| Solicitors for the Respondent: | Jacqui Ion Lawyers |
ORDERS
The application in a case filed on 25 July 2016 be dismissed.
The husband pay the wife’s costs of the application fixed in the sum of $1,500.00.
IT IS NOTED that publication of this judgment under the pseudonym Mansfield & Mansfield is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADC 4119 of 2014
| MR MANSFIELD |
Applicant
And
| MS MANSFIELD |
Respondent
REASONS FOR JUDGMENT
Introduction
The parties to these proceedings are Ms Mansfield (“the wife”) and Mr Mansfield (“the husband”). They are the parents of X, born (omitted) 2006 and Y, born (omitted) 2007.
These reasons for judgment relate to an interim application brought by the husband on 25 July 2016. In his application Mr Mansfield seeks an injunction to restrain Ms Mansfield from drinking alcohol in any period during which X and Y are in her care or in the period six hours before hand.
The wife responded to this application on 1 August 2016. She refutes the need for any such injunction and seeks the dismissal of the husband’s application. Further, given her view that the application is vexatious and improperly motivated, she seeks an order that Mr Mansfield pay her costs of the application.
Needless to say, the parties have a poor and mistrustful relationship with one another. The issue regarding the wife’s alcohol consumption and its implications for the care of X and Y is but one of many areas of controversy between the parties.
Background
The wife was born in Adelaide on (omitted) 1976. She has qualifications in (omitted). Currently, she is employed as a (occupation omitted) on a part-time basis at (employer omitted) in (omitted).
The husband was born on (omitted) 1964. He has lived in (omitted) for most, if not all, of his life to date. Currently, he is self-employed, running a business which (business omitted). He has…
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- Mansfield & Mansfield [2016] FCCA 2233
- Case
- [2016] FCCA 2233
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the husband had established sufficient grounds to warrant an appeal against the interim order. This required the court to consider the nature of interim orders in family law and the threshold for appellate intervention.
Judge Brown dismissed the husband's application, finding that he had failed to demonstrate any error in the original interim order that would justify overturning it on appeal. The court applied the principles governing appeals against interlocutory decisions, emphasizing the need for a strong case to be made before an appeal would be granted.
Consequently, the husband was ordered to pay the wife's costs of the application in the sum of $1,500.00.
Orders
Orders of the court
1.
The application in a case filed on 25 July 2016 be dismissed.
2.
The husband pay the wife’s costs of the application fixed in the sum of $1,500.00.
Background
Background to the litigation
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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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