Tindall and Saldo
Case
•
[2016] FamCA 134
•4 March 2016
Details
AGLC
Case
Decision Date
Tindall and Saldo [2016] FamCA 134
[2016] FamCA 134
4 March 2016
CaseChat Overview and Summary
Cleary J considered an application to amend existing orders made on 27 January 2016, in proceedings between Tindall and Saldo. The dispute concerned arrangements for children's contact with their mother, and the application sought to vary the existing orders in light of an appeal filed by the mother.
The court was required to determine whether to amend the existing orders to reflect a change in the name of a children's contact service, to vary the frequency and duration of contact for a specified period, and to stay the operation of certain amended orders pending the determination of the mother's appeal. The court also considered an application by the mother for an extension of time for compliance with another order and a further application by the mother.
Cleary J ordered that the name of the children's contact service be amended. The court also varied the existing orders to provide for contact on one day of each alternate weekend for a period of six months or until the mother's appeal was heard and determined, whichever was later, with a minimum duration of two hours. Crucially, the operation of specific amended orders was stayed pending the appeal. Time for the mother's compliance with another order was extended by 14 days. The mother's further application was otherwise dismissed.
The court was required to determine whether to amend the existing orders to reflect a change in the name of a children's contact service, to vary the frequency and duration of contact for a specified period, and to stay the operation of certain amended orders pending the determination of the mother's appeal. The court also considered an application by the mother for an extension of time for compliance with another order and a further application by the mother.
Cleary J ordered that the name of the children's contact service be amended. The court also varied the existing orders to provide for contact on one day of each alternate weekend for a period of six months or until the mother's appeal was heard and determined, whichever was later, with a minimum duration of two hours. Crucially, the operation of specific amended orders was stayed pending the appeal. Time for the mother's compliance with another order was extended by 14 days. The mother's further application was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Stay of Proceedings
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Costs
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Procedural Fairness
Actions
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Citations
Tindall and Saldo [2016] FamCA 134
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
SALDO & TINDALL
[2016] FamCA 22
Sheldon & Weir (Stay Application)
[2011] FamCAFC 5