Weerasinghe and Tamasine
Case
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[2017] FamCA 507
•18 July 2017
Details
AGLC
Case
Decision Date
Weerasinghe and Tamasine [2017] FamCA 507
[2017] FamCA 507
18 July 2017
CaseChat Overview and Summary
In the matter of *Weerasinghe and Tamasine*, heard before Macmillan J, the father had filed an application for contravention of court orders. The dispute concerned the father's alleged contravention of orders made on 20 June 2016, specifically paragraph 4 of those orders.
The court was required to determine whether the father had contravened the existing orders and, consequently, what orders should be made in light of the application. The court also had to consider the suspension of paragraph 4 of the previous orders and the future conduct of the proceedings, including the filing of any applications for discharge or variation of existing orders and the scheduling of further hearings.
Macmillan J dismissed the father's application for contravention. The court ordered that paragraph 4 of the orders made on 20 June 2016 be suspended until further order. The parties were directed to file and serve any applications for discharge or variation of the existing orders or the current suspension order by 22 September 2017, with such applications to be returnable on 19 October 2017. Further directions were given regarding the filing of responses and the adjournment of the matter for hearing, with provisions for vacating the hearing date if no initiating application was filed. All questions of costs were reserved.
The court was required to determine whether the father had contravened the existing orders and, consequently, what orders should be made in light of the application. The court also had to consider the suspension of paragraph 4 of the previous orders and the future conduct of the proceedings, including the filing of any applications for discharge or variation of existing orders and the scheduling of further hearings.
Macmillan J dismissed the father's application for contravention. The court ordered that paragraph 4 of the orders made on 20 June 2016 be suspended until further order. The parties were directed to file and serve any applications for discharge or variation of the existing orders or the current suspension order by 22 September 2017, with such applications to be returnable on 19 October 2017. Further directions were given regarding the filing of responses and the adjournment of the matter for hearing, with provisions for vacating the hearing date if no initiating application was filed. All questions of costs were reserved.
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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Costs
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Procedural Fairness
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Jurisdiction
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