Belkin & Ming (No 2)
Case
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[2021] FCCA 1225
•3 June 2021
Details
AGLC
Case
Decision Date
Belkin and Ming (No 2) [2021] FCCA 1225
[2021] FCCA 1225
3 June 2021
CaseChat Overview and Summary
In *Belkin & Ming (No 2)*, the Federal Circuit Court of Australia considered an application by the Father to remove the Independent Children’s Lawyer (ICL) and a separate application filed by the Father on 25 March 2021. The proceedings involved Ms Belkin as the Applicant and Mr Ming as the Respondent.
The primary legal issue before the Court was whether the Father’s application to remove the ICL should be granted. The Court was also required to determine the procedural path forward for the Father’s application filed on 25 March 2021, which involved considerations under section 60CC of the *Family Law Act 1975* (Cth).
Justice Newbrun dismissed the Father’s application to remove the ICL, thereby upholding the appointment of the ICL. In relation to the Father’s other application, the Court ordered a short interim hearing to be held on 14 October 2021. Directions were given for parties to file and serve case outlines, limiting affidavits to ten pages and five annexures, in accordance with Practice Direction No. 2 of 2017. The Court also noted the prohibition on publishing identifying details of family law proceedings under section 121 of the *Family Law Act 1975*.
The primary legal issue before the Court was whether the Father’s application to remove the ICL should be granted. The Court was also required to determine the procedural path forward for the Father’s application filed on 25 March 2021, which involved considerations under section 60CC of the *Family Law Act 1975* (Cth).
Justice Newbrun dismissed the Father’s application to remove the ICL, thereby upholding the appointment of the ICL. In relation to the Father’s other application, the Court ordered a short interim hearing to be held on 14 October 2021. Directions were given for parties to file and serve case outlines, limiting affidavits to ten pages and five annexures, in accordance with Practice Direction No. 2 of 2017. The Court also noted the prohibition on publishing identifying details of family law proceedings under section 121 of the *Family Law Act 1975*.
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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Appeal
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Costs
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Discovery
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Procedural Fairness
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Standing
Actions
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Citations
Belkin and Ming (No 2) [2021] FCCA 1225
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
HOWELL & CARTER (No.2)
[2017] FCCA 377
Amari & Qureshi
[2017] FamCAFC 122