STEWART & STEWART

Case

[2015] FamCA 805

23 July 2015


Details
AGLC Case Decision Date
STEWART & STEWART [2015] FamCA 805 [2015] FamCA 805 23 July 2015

CaseChat Overview and Summary

In *Stewart & Stewart*, the mother sought to suspend final parenting orders and obtain interim and final parenting orders, while the father filed a contravention application concerning the mother's alleged failure to provide the children for contact. The dispute arose in the context of final orders previously made by consent.

The court was required to determine whether to grant the mother leave to withdraw her application and the father leave to withdraw his contravention application. Additionally, the court had to consider the father's application for costs.

The parties reached an agreement to withdraw their respective applications, leading to consent orders being made. The court granted leave for both the mother's Initiating Application and the father's Contravention Application to be withdrawn. The orders also stipulated specific periods for the children to spend time with the father, commencing immediately and continuing in accordance with the final orders made on 6 June 2014. The mother was also ordered to withdraw her applications for intervention orders.

Regarding costs, the father's oral application for costs was dismissed. The court noted that both parties had agreed to withdraw their applications, neither was employed, and both owned unencumbered homes, leading the court to conclude there was no reason to depart from the general rule that costs follow the event. The matter was subsequently removed from the list of cases awaiting hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Remedies

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