Partos and Merritt
Case
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[2011] FamCA 862
•28 October 2011
Details
AGLC
Case
Decision Date
Partos and Merritt [2011] FamCA 862
[2011] FamCA 862
28 October 2011
CaseChat Overview and Summary
In the matter of *Partos and Merritt*, heard before Murphy J, the applicant father sought leave to file a contravention application and an application to stay an order made by Justice Bell on 18 March 2011. The dispute concerned the father's alleged contravention of existing court orders.
The court was required to determine whether to grant the applicant father leave to file his contravention application and associated affidavit out of time. Additionally, the court needed to decide the appropriate course for the father's application to stay Order 3 of Justice Bell's orders, which was to be heard in conjunction with the contravention application.
Murphy J granted the applicant father leave to file his contravention application and affidavit within seven days. The court further directed that the application and affidavit be served on the respondent mother by post within seven days of filing. The contravention application was listed for hearing before a judicial officer, other than Justice Bell, on the earliest available date. The father's application to stay Order 3 of Justice Bell's orders was adjourned to be heard by the same judicial officer who would hear the contravention application.
The court was required to determine whether to grant the applicant father leave to file his contravention application and associated affidavit out of time. Additionally, the court needed to decide the appropriate course for the father's application to stay Order 3 of Justice Bell's orders, which was to be heard in conjunction with the contravention application.
Murphy J granted the applicant father leave to file his contravention application and affidavit within seven days. The court further directed that the application and affidavit be served on the respondent mother by post within seven days of filing. The contravention application was listed for hearing before a judicial officer, other than Justice Bell, on the earliest available date. The father's application to stay Order 3 of Justice Bell's orders was adjourned to be heard by the same judicial officer who would hear the contravention application.
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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Appeal
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Jurisdiction
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Stay of Proceedings
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Procedural Fairness
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Citations
Partos and Merritt [2011] FamCA 862
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