ACRES & CANNON (NO2)
Case
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[2016] FamCA 256
•2 March 2016
Details
AGLC
Case
Decision Date
ACRES & CANNON (NO2) [2016] FamCA 256
[2016] FamCA 256
2 March 2016
CaseChat Overview and Summary
This matter came before Benjamin J of the Family Court of Australia concerning an application made pursuant to section 102QG of the *Family Law Act 1975* (Cth). The specific nature of the dispute between the parties, including their identities, is not detailed in the provided text, beyond the involvement of a father seeking contact with a child born in 2001.
The court was required to determine how best to ascertain the child's wishes regarding the contact sought by the father and to ensure the child's interests were independently represented. This involved considering the child's right to decline an interview and the appropriate role of a legal representative for the child, specifically whether an adversarial or interest-based representation was more suitable given the child's age.
Benjamin J ordered that the application be adjourned for further hearing. To facilitate the determination of the child's wishes, a family consultant was requested to prepare a short report on whether the child wished for the contact sought by the father. Crucially, the court directed that the child's interests be independently represented by a lawyer, with a request that the Legal Aid Commission Tasmania arrange for an Independent Children’s Lawyer. This lawyer was granted liberty to access all filed documents and was to be provided with copies of all relevant documents by the parties within 48 hours of their appointment. The costs of the parties were reserved.
The court was required to determine how best to ascertain the child's wishes regarding the contact sought by the father and to ensure the child's interests were independently represented. This involved considering the child's right to decline an interview and the appropriate role of a legal representative for the child, specifically whether an adversarial or interest-based representation was more suitable given the child's age.
Benjamin J ordered that the application be adjourned for further hearing. To facilitate the determination of the child's wishes, a family consultant was requested to prepare a short report on whether the child wished for the contact sought by the father. Crucially, the court directed that the child's interests be independently represented by a lawyer, with a request that the Legal Aid Commission Tasmania arrange for an Independent Children’s Lawyer. This lawyer was granted liberty to access all filed documents and was to be provided with copies of all relevant documents by the parties within 48 hours of their appointment. The costs of the parties were reserved.
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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Jurisdiction
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Procedural Fairness
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Standing
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Citations
ACRES & CANNON (NO2) [2016] FamCA 256
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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