ACCOLA & MADDIN (No.2)

Case

[2020] FCCA 3644

18 June 2020


Details
AGLC Case Decision Date
ACCOLA & MADDIN (No.2) [2020] FCCA 3644 [2020] FCCA 3644 18 June 2020

CaseChat Overview and Summary

In the matter of ACCOLA & MADDIN (No.2), heard before Judge Brown, the dispute concerned the welfare and location of a child, X, born in 2009. The court was required to make orders regarding the child's delivery, the potential for costs applications, and the disclosure of documents by the Department for Child Protection (Families SA).

The central legal issues before the court were the immediate care arrangements for the child X, the procedural aspects of any future costs applications, and the extent to which the Department for Child Protection should disclose documents relevant to suspected abuse or family violence concerning the child. The court also considered the dismissal of an application filed on 15 June 2020.

Judge Brown ordered that the child X be delivered to the father at a specified location and time on 18 June 2020. The court also directed the Department for Child Protection to provide specific documents relating to any notifications, assessments, investigations, findings, outcomes, or commissioned reports concerning suspected abuse or family violence affecting the child, pursuant to section 69ZW of the Family Law Act. Further consideration of the matter was adjourned, and the application filed on 15 June 2020 was dismissed. Liberty to apply was granted.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

1

Accola & Maddin (No 3) [2021] FCCA 1261
Cases Cited

3

Statutory Material Cited

2

SS & AH [2010] FamCAFC 13
Slater & Light [2013] FamCAFC 4