McLory & McLory
Case
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[2010] FamCA 305
•23 March 2010
Details
AGLC
Case
Decision Date
McLory & McLory [2010] FamCA 305
[2010] FamCA 305
23 March 2010
CaseChat Overview and Summary
In the matter of *McLory & McLory*, heard before Murphy J, the dispute concerned an application to vary existing parenting orders. The specific nature of the underlying dispute leading to the application for variation is not detailed, but the court was tasked with determining whether to alter the existing arrangements for the children.
The primary legal issue before the court was whether to vary the existing parenting orders pursuant to section 70 NEB(1)(b) of the *Family Law Act 1975* (Cth). This involved considering the appropriateness of introducing additional time for one of the parents. The court also had to consider the implications of its decision on the interim period leading up to a final hearing, as well as the provision of information regarding compliance with court orders.
Murphy J varied the existing orders to include additional time for the father on Thursdays between 9:30 am and 1:30 pm. This variation was specifically noted as being compensatory, acknowledging that the interim orders would only accommodate approximately 12 weeks of this additional day. The court also ordered that the costs of the day be reserved to the final hearing and that particulars of the obligations, consequences of contravention, and available assistance be included in the orders via an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The primary legal issue before the court was whether to vary the existing parenting orders pursuant to section 70 NEB(1)(b) of the *Family Law Act 1975* (Cth). This involved considering the appropriateness of introducing additional time for one of the parents. The court also had to consider the implications of its decision on the interim period leading up to a final hearing, as well as the provision of information regarding compliance with court orders.
Murphy J varied the existing orders to include additional time for the father on Thursdays between 9:30 am and 1:30 pm. This variation was specifically noted as being compensatory, acknowledging that the interim orders would only accommodate approximately 12 weeks of this additional day. The court also ordered that the costs of the day be reserved to the final hearing and that particulars of the obligations, consequences of contravention, and available assistance be included in the orders via an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
McLory & McLory [2010] FamCA 305
Most Recent Citation
Carrington and Gunby (No. 2) [2013] FamCA 433
Cases Citing This Decision
3
Ongal and Materns (No 3)
[2013] FamCA 946
Vaughton and Randle (No. 3)
[2013] FamCA 467
Carrington and Gunby (No. 2)
[2013] FamCA 433
Cases Cited
0
Statutory Material Cited
1