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Family Law Judgments

Family Law Judgments

By Robert Glade-Wright and Craig Nicol

Courts 


Children Court erred by staying mother’s contravention application pending her compliance with previous costs order In Dautry & Wemple [2018] FamCAFC 237 (3 December 2018) Austin J (sitting in the appellate jurisdiction of the Family Court of Australia) heard the mother’s appeal against the Federal Circuit Court’s dismissal of her application to vary a parenting order and an order staying her contravention application against the father until she paid $6500 payable under a costs order made following her failed appeal against the parenting order. Austin J dismissed the first ground of appeal but allowed the second, saying: “The primary judge did not purport to make the stay order in reliance upon s102QB(2) of the Act or r13.10 of the Federal Circuit Court Rules 2001 (Cth), since the father did not contend the mother’s contravention application was frivolous, vexatious, or an abuse of process (at [29]).

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