Bakal and Kapicic (No 3)
Case
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[2014] FamCA 784
•6 August 2014
Details
AGLC
Case
Decision Date
Bakal and Kapicic (No 3) [2014] FamCA 784
[2014] FamCA 784
6 August 2014
CaseChat Overview and Summary
In the matter of *Bakal and Kapicic (No 3)*, Berman J considered an application concerning the welfare of a child, B. The dispute involved the parents' differing approaches to the child's medical care and access to information, as well as the preparation of a Family Report.
The court was required to determine the appropriate orders regarding the child's medical treatment, the father's access to medical information, and the preparation of a Family Report. Additionally, the court had to consider outstanding interim proceedings and an application by the Minister to be released from the proceedings.
Berman J ordered that previous orders of 27 May 2013 be reinstated. The court granted an injunction restraining both parents from taking the child to any medical practitioner, health professional, psychologist, or dental surgeon, except for Dr O of the U Clinic and any necessary specialist intervention. The mother was directed to provide the father with all necessary authorities to obtain appropriate information from Dr O, provided such requests were reasonable. The parties and the child were ordered to attend upon Dr C for the preparation of a Family Report, to be completed by 31 October 2014, with costs to be borne equally. Outstanding interim proceedings and the Minister's application were adjourned for further consideration. The parties were granted liberty to file one further affidavit, limited to 10 pages inclusive of annexures, in support of the outstanding interim proceedings.
The court was required to determine the appropriate orders regarding the child's medical treatment, the father's access to medical information, and the preparation of a Family Report. Additionally, the court had to consider outstanding interim proceedings and an application by the Minister to be released from the proceedings.
Berman J ordered that previous orders of 27 May 2013 be reinstated. The court granted an injunction restraining both parents from taking the child to any medical practitioner, health professional, psychologist, or dental surgeon, except for Dr O of the U Clinic and any necessary specialist intervention. The mother was directed to provide the father with all necessary authorities to obtain appropriate information from Dr O, provided such requests were reasonable. The parties and the child were ordered to attend upon Dr C for the preparation of a Family Report, to be completed by 31 October 2014, with costs to be borne equally. Outstanding interim proceedings and the Minister's application were adjourned for further consideration. The parties were granted liberty to file one further affidavit, limited to 10 pages inclusive of annexures, in support of the outstanding interim proceedings.
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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Injunction
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Costs
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Procedural Fairness
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Remedies
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Discovery
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