BARASH & SACHER
Case
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[2013] FCCA 717
•1 July 2013
Details
AGLC
Case
Decision Date
BARASH & SACHER
[2013] FCCA 717
[2013] FCCA 717
1 July 2013
CaseChat Overview and Summary
In the Federal Circuit Court of Australia, Judge Scarlett considered an application by Mr Barash concerning his children, [X] and [Y], and their mother, Ms Sacher. The dispute involved an application for location and Commonwealth information orders, as well as the placement of the children on an airport watch list, in circumstances where an interim family violence order was in force. Leave was granted for the proceedings to be conducted ex parte.
The court was required to determine whether to grant orders for the disclosure of information concerning the children and their mother from the Department of Human Services and Centrelink. It also needed to consider whether to place the children on the Australian Federal Police's PACE Alert System (Airport Watch List) and to restrain the parties from removing the children from Australia. Furthermore, the court addressed the change of legal representation for the applicant and the associated notices of address for service.
Applying the principles of the *Family Law Act 1975*, particularly subsections 67N(2) and 67P(1), the court ordered that information held by the Department of Human Services and Centrelink regarding the children and their mother be furnished to the Registry Manager. This information was to be disclosed to the applicant's legal adviser for the purpose of arranging service of court process, but crucially, not to the applicant personally, given the existing family violence order. The court also ordered that the children's names be placed on the Airport Watch List and that both parties be restrained from removing the children from Australia until further order. The court also made directions regarding the filing of notices by the applicant's former and current lawyers.
The court was required to determine whether to grant orders for the disclosure of information concerning the children and their mother from the Department of Human Services and Centrelink. It also needed to consider whether to place the children on the Australian Federal Police's PACE Alert System (Airport Watch List) and to restrain the parties from removing the children from Australia. Furthermore, the court addressed the change of legal representation for the applicant and the associated notices of address for service.
Applying the principles of the *Family Law Act 1975*, particularly subsections 67N(2) and 67P(1), the court ordered that information held by the Department of Human Services and Centrelink regarding the children and their mother be furnished to the Registry Manager. This information was to be disclosed to the applicant's legal adviser for the purpose of arranging service of court process, but crucially, not to the applicant personally, given the existing family violence order. The court also ordered that the children's names be placed on the Airport Watch List and that both parties be restrained from removing the children from Australia until further order. The court also made directions regarding the filing of notices by the applicant's former and current lawyers.
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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Jurisdiction
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Procedural Fairness
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Injunction
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Remedies
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Standing
Actions
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Citations
BARASH & SACHER
[2013] FCCA 717
Most Recent Citation
Barash and Sacher [2013] FCCA 2283
Cases Cited
0
Statutory Material Cited
3