TAMBERDUN & TAMBERDUN
Case
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[2013] FamCA 335
•9 May 2013
Details
AGLC
Case
Decision Date
TAMBERDUN & TAMBERDUN [2013] FamCA 335
[2013] FamCA 335
9 May 2013
CaseChat Overview and Summary
In the matter of *Tamberdun & Tamberdun*, Rees J of the Family Court of Australia considered an application concerning the time a father was to spend with his child, N. The dispute centred on the nature and purpose of additional time the father was to spend with N, beyond existing orders.
The primary legal issue before the Court was whether the additional periods of time the father was to spend with N constituted "compensatory time" within the meaning of section 70NEB(1)(b) of the *Family Law Act 1975* (Cth). This classification was significant for the legal framework governing the child's time with each parent.
Rees J reasoned that the additional time was indeed compensatory in nature, as contemplated by the *Family Law Act*. The Court ordered that, in addition to existing arrangements, the husband was to spend specific further periods with N before 30 September 2013. These periods included three weekends, commencing Saturday mornings and concluding Sunday afternoons, and two weekday evenings, commencing Wednesday afternoons and concluding Wednesday evenings. The Court explicitly stated that these periods were compensatory time pursuant to section 70NEB(1)(b) of the Act.
The primary legal issue before the Court was whether the additional periods of time the father was to spend with N constituted "compensatory time" within the meaning of section 70NEB(1)(b) of the *Family Law Act 1975* (Cth). This classification was significant for the legal framework governing the child's time with each parent.
Rees J reasoned that the additional time was indeed compensatory in nature, as contemplated by the *Family Law Act*. The Court ordered that, in addition to existing arrangements, the husband was to spend specific further periods with N before 30 September 2013. These periods included three weekends, commencing Saturday mornings and concluding Sunday afternoons, and two weekday evenings, commencing Wednesday afternoons and concluding Wednesday evenings. The Court explicitly stated that these periods were compensatory time pursuant to section 70NEB(1)(b) of the Act.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Jurisdiction
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Statutory Construction
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Citations
TAMBERDUN & TAMBERDUN [2013] FamCA 335
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