TALINES & KNOWLES

Case

[2015] FCCA 2873

21 October 2015


Details
AGLC Case Decision Date
Talines and Knowles [2015] FCCA 2873 [2015] FCCA 2873 21 October 2015

CaseChat Overview and Summary

In the matter of TALINES & KNOWLES, heard before Judge Scarlett, the dispute concerned interim orders made in family law proceedings. The Applicant Mother sought to stay an order made on 13 October 2015, while also seeking to be restrained from entering the Respondent Father's place of residence. The Respondent Father was required to file and serve a Response to an Application filed on 3 September 2015, along with an affidavit detailing the facts upon which he relied.

The court was required to determine the appropriate interim orders pending further determination of the proceedings. This included considering the application to stay a previous order, the imposition of restraining orders against the Applicant Mother, and the procedural steps to be taken by the Respondent Father, including the issuance of further subpoenas. The court also considered the role and liberty to apply of the Independent Children’s Lawyer.

Judge Scarlett ordered that the previous order of 13 October 2015 be stayed. The Applicant Mother was restrained from entering the Respondent Father’s residence. The Respondent Father was directed to file and serve his Response and supporting affidavit by 6 November 2015, and was granted leave to issue an additional five subpoenas. The Independent Children’s Lawyer was granted liberty to apply on three days' notice. The proceedings were adjourned to 16 November 2015 for further mention.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Stay of Proceedings

  • Injunction

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2