Wing and Low and Anor (No 2)

Case

[2009] FamCA 1373

10 SEPTEMBER 2009


Details
AGLC Case Decision Date
Wing and Low and Anor (No 2) [2009] FamCA 1373 [2009] FamCA 1373 10 SEPTEMBER 2009

CaseChat Overview and Summary

In *Wing and Low and Anor (No 2)*, Strickland J of the Family Court of Australia considered applications and responses filed by the mother, the paternal grandmother, and the father concerning the time spent with a child and the conduct of the parties in relation to the proceedings. The dispute involved competing claims and orders sought by the parties regarding the child's welfare and the management of the litigation.

The court was required to determine the appropriate parenting orders for the child, the necessity of restraining certain parties from discussing the proceedings with the child, and the disposition of various applications and responses filed by the mother, paternal grandmother, and father. Specifically, the court had to decide whether to discharge existing orders, grant injunctions, and dismiss or adjourn further consideration of the filed documents.

Strickland J made orders discharging a previous order, establishing a schedule for the child to spend time with the mother, and granting an injunction restraining both the mother and the paternal grandmother from discussing the proceedings with the child or permitting others to do so. The court also dismissed the mother's application filed on 10 August 2009, and certain paragraphs of the paternal grandmother's response, as well as the entirety of the father's response. Further consideration of another aspect of the paternal grandmother's response was adjourned. The orders were made pursuant to sections of the *Family Law Act 1975*, with a fact sheet attached to detail the obligations and consequences of contravention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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