Morley and Balfour

Case

[2016] FCCA 56

5 February 2016


Details
AGLC Case Decision Date
Morley and Balfour [2016] FCCA 56 [2016] FCCA 56 5 February 2016

CaseChat Overview and Summary

The matter of *Morley and Balfour* concerned an application by the mother, filed on 25 November 2014, seeking to vary existing court orders. The proceedings were heard by Judge Burchardt.

The central legal issue before the court was whether the mother had established sufficient grounds to warrant a variation of the orders previously made on 20 February 2013. This required the court to consider the evidence presented by the mother in support of her application against the existing legal framework governing such applications.

Judge Burchardt dismissed the mother's initiating application. The court found that the evidence presented did not meet the threshold required to justify altering the orders that had been made on 20 February 2013. Consequently, those existing orders were to remain in full force and effect.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346