Nineth and Nineth
Case
•
[2011] FamCA 128
•20 January 2011
Details
AGLC
Case
Decision Date
Nineth and Nineth [2011] FamCA 128
[2011] FamCA 128
20 January 2011
CaseChat Overview and Summary
The matter of *Nineth and Nineth* concerned an application for a stay of orders made by Murphy J in the Family Court of Australia. The dispute involved the care of a child, J, born in August 2005, and the transfer of the child into the care of the grandmother, Ms Moldow.
The primary legal issue before the court was whether to grant an application for a stay of existing orders. This application was made on 17 January 2011. The court was also required to consider the terms of the substantive orders concerning the child's care.
Murphy J dismissed the application for a stay. The court then ordered that Ms G. Nineth was to transfer the child J into the care of the grandmother, Ms Moldow, by 4.00 pm on Friday, 21 January 2011. Furthermore, pursuant to sections 65DA(2) and 62B of the relevant legislation, the court ordered that particulars of the obligations created by these orders, the consequences of contravention, and information regarding assistance for compliance were to be set out in an attached Fact Sheet, which was to be considered part of the orders.
The primary legal issue before the court was whether to grant an application for a stay of existing orders. This application was made on 17 January 2011. The court was also required to consider the terms of the substantive orders concerning the child's care.
Murphy J dismissed the application for a stay. The court then ordered that Ms G. Nineth was to transfer the child J into the care of the grandmother, Ms Moldow, by 4.00 pm on Friday, 21 January 2011. Furthermore, pursuant to sections 65DA(2) and 62B of the relevant legislation, the court ordered that particulars of the obligations created by these orders, the consequences of contravention, and information regarding assistance for compliance were to be set out in an attached Fact Sheet, which was to be considered part of the orders.
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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Stay of Proceedings
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Remedies
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Nineth and Nineth [2011] FamCA 128
Most Recent Citation
Uysal and Mardine [2014] FCCA 488
Cases Cited
3
Statutory Material Cited
2
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Philip Morris (Australia) Ltd v Nixon
[1999] FCA 1281