T v S [No 2]

Case [2015] WASCA 235


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T -v- S [No 2] [2015] WASCA 235



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 235
THE COURT OF APPEAL (WA)
Case No:CACV:103/201519 NOVEMBER 2015
Coram:MURPHY JA
MITCHELL J
19/11/15
9Judgment Part:1 of 1
Result: Stay application dismissed
B
PDF Version
Parties:T
S

Catchwords:

Practice and procedure
Stay pending application for special leave to appeal to the High Court
Where parenting orders made by Family Court of Western Australia affirmed by Court of Appeal
Where orders authorise child's removal from Australia

Legislation:

Nil

Case References:

Cape & Cape [2013] FamCAFC 114
De L v Director-General, NSW Department of Community Services (1996) 136 ALR 201
Federal Commissioner of Taxation v The Myer Emporium Ltd (No 1) (1986) 160 CLR 220
Hamersley Iron Pty Ltd v Lovell (No 2) (1998) 20 WAR 79
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681
JRN v IEG (1998) 72 ALJR 1329
Minister for Immigration v B (Infants) (No 2) [2003] FamCA 591; (2003) 175 FLR 426
Paringa Mining & Exploration Co Plc v North Flinders Mines Ltd (1988) 165 CLR 452
Rinehart v Welker [2012] NSWCA 1; (2012) 83 NSWLR 347
T v S [2015] WASCA 225
Williamson v The Bendigo Adelaide Bank Ltd (No 2) [2012] WASCA 269
Windsor & Kava [2015] FamCA 668


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : T -v- S [No 2] [2015] WASCA 235 CORAM : MURPHY JA
    MITCHELL J
HEARD : 19 NOVEMBER 2015 DELIVERED : 19 NOVEMBER 2015 FILE NO/S : CACV 103 of 2015 BETWEEN : T
    Appellant

    AND

    S
    Respondent


ON APPEAL FROM:

Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA

Coram : DUNCANSON J

Citation : [2015] FCWA 50

File No : PTW 4345 of 2014


Catchwords:

Practice and procedure - Stay pending application for special leave to appeal to the High Court - Where parenting orders made by Family Court of Western Australia affirmed by Court of Appeal - Where orders authorise child's removal from Australia

Legislation:

Nil

Result:

Stay application dismissed


Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : Mr C A Fogliani

Solicitors:

    Appellant : In person
    Respondent : W G McNally Jones Staff Lawyers



Case(s) referred to in judgment(s):

Cape & Cape [2013] FamCAFC 114
De L v Director-General, NSW Department of Community Services (1996) 136 ALR 201
Federal Commissioner of Taxation v The Myer Emporium Ltd (No 1) (1986) 160 CLR 220
Hamersley Iron Pty Ltd v Lovell (No 2) (1998) 20 WAR 79
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986)…

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Details
AGLC
T v S [No 2] [2015] WASCA 235
Case
[2015] WASCA 235
Decision Date

CaseChat Overview and Summary

The case of T v S [No 2] involved a dispute between the mother, T, and the father, S, regarding the parenting of their child. The matter had previously been before the Family Court of Western Australia and then the Court of Appeal, both of which had affirmed the parenting orders that allowed the child's removal from Australia. T sought a stay of the orders pending an application for special leave to appeal to the High Court.

The primary legal issue before the court was whether the orders should be stayed pending the special leave application. The court needed to consider whether a stay was necessary to prevent injustice, and whether the potential harm to the child of a stay outweighed any harm of no stay. The court also had to consider the relevant principles of child welfare and the need to avoid unnecessary interference in the child's life.

In dismissing the application for a stay, the court held that the potential harm of a stay outweighed any harm of no stay. The court found that the child had already experienced significant disruption and instability in her life, and that a stay would further disrupt the child's life and potentially cause further harm. The court also noted that the child's welfare was best served by providing certainty and stability, and that a stay would undermine the finality of the orders. The court further held that the mother had not demonstrated any compelling grounds for a stay, and that the application was not in the child's best interests.

Orders

Orders of the court

Stay application dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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