Biondi and Koen

Case

[2018] FamCA 746

28 August 2018


Details
AGLC Case Decision Date
Biondi and Koen [2018] FamCA 746 [2018] FamCA 746 28 August 2018

CaseChat Overview and Summary

This matter concerned property and parenting disputes between Biondi and Koen, heard by Bennett J. The primary dispute revolved around the mother's interim application to remove the child from Australia for a holiday in Brazil, alongside various other interim applications made by both parents. The court also addressed directions for the final hearing, the exchange of expert reports, and interim parenting arrangements.

The court was required to determine the mother's application for the child's removal to Brazil, the dismissal of other interim applications, and to set a final hearing date. Further issues included the appointment of single expert witnesses regarding Brazil's compliance with the Hague Convention, the exchange of parenting expert reports, and the provision of interim parenting orders. The court also needed to establish directions for financial disclosure and the valuation of property.

Bennett J dismissed most interim applications, save for the mother's application concerning the child's travel to Brazil, which was adjourned *sine die*. Directions were given for the appointment of single expert witnesses on the Hague Convention's application to Brazil, with parties to propose and respond to expert nominations. The court made detailed interim parenting orders concerning the father's time with the child, communication protocols, and health appointments. A private family report from a psychologist, Dr B, was ordered, with specific terms of reference addressing the impact of potential relocation, parental capacity, and the child's best interests, including considerations under section 60CC of the *Family Law Act 1975* (Cth). The court also issued injunctions restraining complaints to professional bodies regarding single experts and set timelines for financial disclosure and the valuation of property. The final hearing was fixed for 20 May 2019.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Expert Evidence

  • Injunction

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Purkess v Crittenden [1965] HCA 34
Purkess v Crittenden [1965] HCA 34