Barkly and Ivanson

Case

[2013] FCCA 1936

25 November 2013


Details
AGLC Case Decision Date
BARKLY & IVANSON [2013] FCCA 1936 [2013] FCCA 1936 25 November 2013

CaseChat Overview and Summary

In the matter of *Barkly and Ivanson*, heard by Judge Howard, the dispute concerned an application made by the mother on 4 November 2013. The specific nature of this application is not detailed, but the outcome indicates it was ultimately dismissed.

The court was required to determine whether to grant the mother's application. Additionally, the court considered an application made instanter by the Independent Children's Lawyer on 19 November 2013 for leave to withdraw from their role representing the interests of the child, X. The court also had to consider the appointment of a new Independent Children's Lawyer and the venue for the trial.

Judge Howard dismissed the mother's application. Leave was granted for the existing Independent Children's Lawyer to withdraw, and a new Independent Children's Lawyer was to be appointed immediately to represent the child's interests. The trial of the action was ordered to be heard by a Judge of the Federal Circuit Court of Australia sitting in Brisbane, other than Judge Howard.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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