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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Most Recent Citation
Uysal and Mardine [2014] FCCA 488

Cases Citing This Decision

1

Uysal and Mardine [2014] FCCA 488
Cases Cited

3

Statutory Material Cited

2

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106