Wickham and Jones

Case [2010] FamCA 837


FAMILY COURT OF AUSTRALIA

WICKHAM & JONES [2010] FamCA 837
FAMILY LAW – CHILDREN – lengthy hearing 2006 – application for dismissal – relying upon principals set out in Rice v-Asplund – proceedings summarily dismissed

Rice v Asplund (1979) FLC 90-725
Cook & Tracey [2008] FamCA 74
F & C [2004] FamCA 56
D & Y (1995) FLC 92-581
King v Finneran (2001) FLC 93-079
CDJ & VAJ (1998) 197 CLR 172; FLC 92-828
Bolitho & Cohen (2005) FLC 93-224

P & S [2007] FMCfam 1039
Marsden v Winch [2009] FamCAFC 152

Cortes & Cabrera [2007] FMCAfam 293
R & BH [2006] FamCA 919

McIntosh J, Smyth B, Kelaher M, Wells Y and Long C – “Post Separation Parenting Arrangements and Developmental Outcomes for Infants and Children” – May 2010
APPLICANT: Ms Wickham
RESPONDENT: Mr Jones
FILE NUMBER: LNC 72 of 2008
DATE DELIVERED: 10 September 2010
PLACE DELIVERED: Hobart
PLACE HEARD: Launceston
JUDGMENT OF: Benjamin J
HEARING DATE: 4 August 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Trezise
SOLICITOR FOR THE APPLICANT: Andrea Trezise
COUNSEL FOR THE RESPONDENT: Mr McVeity
SOLICITOR FOR THE RESPONDENT: McVeity & Associates

Orders

  1. All pending applications between the parties are dismissed save and except the respective parties’ costs application.

  2. The parties’ costs applications are stood over for hearing at 10.00am on
    22 November 2010.

  3. This matter be removed from the list of cases requiring determination.

IT IS NOTED

  1. In the event that the parties do not appear on 22 November 2010 (either in person or represented) their respective costs applications will be dismissed.

IT IS DIRECTED

  1. Exhibits 1 and 2 be attached to the reasons for decision dated the 17 November 2006.

IT IS CERTIFIED

  1. Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend

IT IS FURTHER NOTED that publication of this judgment under the pseudonym Wickham & Jones is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: LNC 72 of 2008

MS WICKHAM

Applicant

And

MR JONES

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

  1. Mr Jones and Ms Wickham are the parents of two children, L aged 14 almost 15 and E aged 11.

  2. Orders were made by me in November 2006 that the parents have equal shared parental responsibility and that during school term the children live with the father on alternate weekends and that in respect of the second and fourth such alternate weekends, the children will live with the father for the whole of the following week.

  3. The father now seeks that those orders be varied to provide that the children spend equal time with each parent, on a week about basis, during school term.  That application is opposed.

  4. The mother seeks orders for the dismissal of the proceedings based upon the principals set out in Rice v Asplund (1979) FLC 90-725.

  5. The issue is whether “there is some changed circumstances which will justify such a serious step, some new…

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AGLC
Wickham and Jones [2010] FamCA 837
Case
[2010] FamCA 837
Decision Date

CaseChat Overview and Summary

In *Wickham and Jones*, Benjamin J considered a dispute between the parties concerning applications before the court. The precise nature of the underlying dispute is not detailed, but the judgment addresses the resolution of pending applications and associated costs.

The primary legal issue before the court was how to dispose of the various applications that had been filed by the parties. The court was required to determine whether these applications should proceed to a full hearing or be dismissed, and to make consequential orders regarding the costs incurred by each party in relation to those applications.

Benjamin J ordered that all pending applications between the parties be dismissed, with the exception of their respective applications for costs. These costs applications were then adjourned to be heard on a later date. The matter was subsequently removed from the court's list of cases awaiting determination, signifying a conclusion to the proceedings before this judge.

Orders

Orders of the court

1.

All pending applications between the parties are dismissed save and except the respective parties’ costs application.

2.

The parties’ costs applications are stood over for hearing at 10.00am on

22 November 2010.

3.

This matter be removed from the list of cases requiring determination.

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.