May and Longley and Anor

Case

[2015] FCCA 2252

27 July 2015


Details
AGLC Case Decision Date
May and Longley and Anor [2015] FCCA 2252 [2015] FCCA 2252 27 July 2015

CaseChat Overview and Summary

In the Federal Circuit Court, Judge Burchardt considered applications made by the Applicant, who sought orders relating to a child, X. The Respondents sought the summary dismissal of the Applicant's initiating application, a contravention application, and an application in a case. The Respondents also sought the discharge of existing orders made on 13 August 2008, and sought injunctions restraining the Applicant from contacting X unless initiated by X, and that X spend time and communicate with the Applicant as X wished.

The court was required to determine whether the Applicant's applications should be summarily dismissed and whether the proposed orders sought by the Respondents, including injunctions and the discharge of prior orders, should be made.

The court made orders in accordance with the Minutes of Proposed Orders filed by the Respondents. These orders included the summary dismissal of the Applicant's applications, the discharge of the orders made on 13 August 2008, and injunctions restraining the Applicant from contacting X unless initiated by X, and that X spend time and communicate with the Applicant as X wished. The court also directed that the particulars of the obligations and consequences of contravention of these orders, as set out in Attachment A pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, were included in the orders.

The court further ordered that written submissions in relation to costs be filed by the Respondents by 4.00 pm on Thursday, 6 August 2015, and by the Applicant by 4.00 pm on Thursday, 13 August 2015, with any costs application to be determined on the papers. The solicitors for the Respondents were directed to file a clean, certified, electronic copy of the Minute in Word Format to the chambers of Judge Burchardt by email within seven days.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Summary Judgment

  • Injunction

  • Costs

  • Procedural Fairness

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