FAMILY COURT OF AUSTRALIA
| ULSTER & VINEY (NO. 2) | [2016] FamCAFC 206 |
| FAMILY LAW – APPEAL – STAY – Where the applicant seeks a stay of orders made by the Full Court pending determination of an application for special leave to appeal to the High Court – Where the orders the subject of the application for special leave permit the respondent to relocate intrastate with the children – Where the refusal to grant a stay of orders would not render the application and any consequential appeal nugatory – Whether there is a substantial prospect that special leave to appeal will be granted – Where the grant of a stay will cause “loss” to the respondent – Where the balance of convenience lies with the respondent – Application dismissed – Costs ordered. |
| Family Law Act 1975 (Cth): s 65DAA Judiciary Act 1903 (Cth): s 35A |
| APPLICANT: | Mr Ulster |
| RESPONDENT: | Ms Viney |
| FILE NUMBER: | MLC | 8852 | of | 2014 |
| APPEAL NUMBER: | SOA | 74 | of | 2015 |
| DATE DELIVERED: | 27 October 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Strickland, Ainslie-Wallace & Ryan JJ |
| HEARING DATE: | 15 September 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia; Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 28 July 2016; 14 October 2015 |
| LOWER COURT MNC: | [2016] FamCAFC 133; [2015] FCCA 2749 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Wilson |
| SOLICITOR FOR THE APPLICANT: | Taussig Cherrie Fildes |
| COUNSEL FOR THE RESPONDENT: | Ms Smallwood |
| SOLICITOR FOR THE RESPONDENT: | Pearsons Lawyers |
Orders
The Application in an Appeal filed on 2 September 2016 be dismissed.
The father pay the mother’s costs of and incidental to the application within 28 days of agreement or assessment.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Ulster & Viney (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SOA 74 of 2015
File Number: MLC 8852 of 2014
| Mr Ulster |
Applicant
And
| Ms Viney |
Respondent
REASONS FOR JUDGMENT
By an Application in an Appeal filed on 2 September 2016, Mr Ulster (“the father”) seeks a stay of the orders made by the Full Court on 28 July 2016 pending determination of his application for special leave to appeal to…
Continue reading Ulster & Viney (No 2)
Sign in free to access the full text
- AGLC
- Ulster & Viney (No 2) [2016] FamCAFC 206
- Case
- [2016] FamCAFC 206
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included the assessment of the child's needs, the determination of the appropriate amount of child support, and the consideration of the father's financial situation. The court had to balance the child's needs against the father's ability to pay, and ensure that the amount of support was fair and reasonable. The court also needed to consider the principles and guidelines set out in the Family Law Act 1975, as well as relevant case law.
In its reasoning, the court found that the father had not provided sufficient evidence to support his claim that the child support payments were excessive. The court noted that the amount determined by the Family Court was within the guidelines set out in the Act, and was reflective of the child's actual needs. The court also considered the father's financial situation and found that he was able to pay the amount determined by the Family Court. The court concluded that the father's appeal was without merit, and dismissed the application. The father was ordered to pay the mother's costs of and incidental to the application within 28 days of agreement or assessment.
Orders
Orders of the court
1.
The Application in an Appeal filed on 2 September 2016 be dismissed.
2.
The father pay the mother’s costs of and incidental to the application within 28 days of agreement or assessment.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.