Shailer and Shailer (No 2)

Case

[2009] FamCA 1288

23 DECEMBER 2009


Details
AGLC Case Decision Date
Shailer and Shailer (No 2) [2009] FamCA 1288 [2009] FamCA 1288 23 DECEMBER 2009

CaseChat Overview and Summary

This matter concerned applications made by the husband in relation to parenting orders concerning the parties' child. The proceedings were before Young J in the Family Court of Australia. The applications sought variations to existing orders concerning supervised time between the husband and the child, including specific details regarding supervisors, locations, and notification requirements.

The court was required to determine the terms of consent orders relating to the practical arrangements for supervised contact between the husband and the child during the Christmas and New Year period of 2009-2010, and for the 2010 period. Additionally, the court considered applications for costs and the attendance of counsel. Certain aspects of the husband's applications were dismissed, while others were adjourned for further hearing.

The court made orders by consent that varied the existing parenting orders. These variations specified the supervisors for particular dates, the locations for supervised visits, and the notification procedures for the husband regarding proposed meeting addresses. The court also ordered that the husband pay the wife's costs incidental to his applications, with a stay on payment. Separately, and not by consent, certain paragraphs of the husband's applications were adjourned for hearing, and a deadline was set for any further application by the husband regarding an appeal under the Child Support (Registration and Collection) Act 1988 (Cth). The court certified that the matter reasonably required the attendance of counsel for both parties and the solicitor for the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

  • Remedies

  • Jurisdiction

  • Stay of Proceedings

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