Terrance John Wilson v Gaye Lynette Kierans [1982] FCA 279

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY NO. ACT G41 of 1981

REGISTRY

GENERAL DIVISION

- ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: TERRENCE JOHN WILSON

Appellant AND: GAYE LYNETTE KIERANS Respondent ORDERS JUDGES MAKING ORDER: Bowen C.J., Deane and Davies JJ. WHERE MADE: Canberra DATE: 8 April, 1982.

THE COURT ORDERS THAT:

1. THE appeal be allowed.

2. THE order of the Supreme Court refusing the application for access be set aside and in lieu

thereof it be ordered that:

(i) Terrence John Wilson shall be entitled to

have access to the infant Brett Andrew

Kierans (now known as Brett Michael Kierans):

(a)

(b)

on each of 2 May, 1982 and 6 June, 1982 between 2 p.m. and 4 p.m. at the home of Gaye Lynette Kierans and Terrence Michael Kierans at 11 Gungara Crescent, Rivett in the Australian Capital

Territory;

on 4 July, 1982 and on the first Sunday of each succeeding month at the home of Mrs. Marie Olga Wilson at 7 Bardsley Street, Holt in the Australian Capital Territory. On such days, if the said Terrence John Wilson wishes to take advantage of his entitlement to access, he shall call for the said Brett Michael Kierans at the said home of the said Gaye Lynette Kierans and Terrence Michael Kierans between 2 p.m. and 2.30 pem. and shall return the said Brett Michael Kierans to the custody of the said Gaye Lynette Kierans and the said

Terrence Michael Kierans prior to 5 p.m;

2.

ns

THE said Gaye Lynette Kierans and the said Terrence John Wilson may by agreement between them vary the entitlement to access of the said Terrence John

Wilson by:

(a) arranging that the said Terrence John Wilson

shall have access on days, at times -or at

places other than those provided in Order 1 in addition to or in substitution for those