YAPP & WYNDHAM
Case
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[2020] FCCA 2122
•13 July 2020
Details
AGLC
Case
Decision Date
Yapp and Wyndham [2020] FCCA 2122
[2020] FCCA 2122
13 July 2020
CaseChat Overview and Summary
In the matter of YAPP & WYNDHAM, heard by Judge McNab, the dispute concerned an application for parenting orders. The application, initially filed on 28 April 2020 and subsequently dismissed on 12 May 2020, was brought before the court for an interim hearing.
The primary legal issue before the court was whether to grant the parenting orders sought by the applicant. This involved considering the principles established in *Rice & Asplund* regarding interim parenting orders, which require a high degree of certainty before making orders that significantly alter the status quo.
Judge McNab dismissed the amended application filed on 25 June 2020. The court's reasoning, while not detailed in the provided text, indicates that the threshold for making interim orders under *Rice & Asplund* was not met. The court did, however, make specific notes regarding the father's future time with the child, X, commencing with Tuesday evening dinner visits, with a possibility of increasing to overnight stays if these initial arrangements proved successful.
The court ordered that the father pay the mother's costs of the initial application in a Case, fixed at $3,921.00. The amended application filed on 25 June 2020 was dismissed. The court also noted that particulars of the obligations and potential consequences of contravention of the interim arrangements were set out in Annexure A, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
The primary legal issue before the court was whether to grant the parenting orders sought by the applicant. This involved considering the principles established in *Rice & Asplund* regarding interim parenting orders, which require a high degree of certainty before making orders that significantly alter the status quo.
Judge McNab dismissed the amended application filed on 25 June 2020. The court's reasoning, while not detailed in the provided text, indicates that the threshold for making interim orders under *Rice & Asplund* was not met. The court did, however, make specific notes regarding the father's future time with the child, X, commencing with Tuesday evening dinner visits, with a possibility of increasing to overnight stays if these initial arrangements proved successful.
The court ordered that the father pay the mother's costs of the initial application in a Case, fixed at $3,921.00. The amended application filed on 25 June 2020 was dismissed. The court also noted that particulars of the obligations and potential consequences of contravention of the interim arrangements were set out in Annexure A, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
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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Costs
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Remedies
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Procedural Fairness
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Citations
Yapp and Wyndham [2020] FCCA 2122
Most Recent Citation
Karlsson & Karlsson [2022] FedCFamC2F 1604
Cases Citing This Decision
2
Yapp & Wyndham
[2021] FamCAFC 80
Karlsson & Karlsson
[2022] FedCFamC2F 1604
Cases Cited
2
Statutory Material Cited
3
SPS & PLS
[2008] FamCAFC 16
Marsden & Winch
[2009] FamCAFC 152