Bale-Sutch and Bale-Sutch

Case

[2012] FamCA 1

5 January 2012


Details
AGLC Case Decision Date
Bale-Sutch and Bale-Sutch [2012] FamCA 1 [2012] FamCA 1 5 January 2012

CaseChat Overview and Summary

In the matter of *Bale-Sutch and Bale-Sutch*, heard before Cronin J, the dispute concerned an application by the wife filed on 7 December 2011, which sought to vary or discharge existing orders made on 8 March 2007. The core of the application related to the presence of the children, S (born December 1997) and R (born February 2000), on the Airport Watch database.

The primary legal issue before the court was whether the existing orders of 8 March 2007, which presumably led to the children's names being placed on the Airport Watch database, should be discharged. This required the court to consider the welfare and best interests of the children in the context of their inclusion on such a database and to determine if the continued inclusion was appropriate or necessary.

Cronin J discharged paragraphs 1 and 2 of the orders made on 8 March 2007. The court further ordered that the Australian Federal Police be requested to forthwith remove the names of the children, S and R, from the Airport Watch database. The wife's application filed on 7 December 2011 was dismissed. The court also directed that the order be expedited and that reasons for the orders be published as quickly as possible, including particulars of obligations and consequences as set out in an attached Fact Sheet pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Judicial Review

  • Jurisdiction

  • Standing

  • Injunction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Gin & Hing [2010] FamCA 617