Boyle and Kennan
Case
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[2011] FamCA 356
•9 March 2011
Details
AGLC
Case
Decision Date
Boyle and Kennan [2011] FamCA 356
[2011] FamCA 356
9 March 2011
CaseChat Overview and Summary
In the matter of *Boyle and Kennan*, heard before Bennett J of the Family Court of Australia, the dispute concerned the representation of a child, M, in proceedings. The mother and child were to travel to Melbourne for a hearing.
The primary legal issue before the Court was the need for independent representation of the child M, and the practical arrangements for securing such representation. The Court was required to determine how best to ensure M's interests were independently represented in the proceedings.
Applying section 68L(2) of the *Family Law Act 1975*, Bennett J ordered that the child M be independently represented by a lawyer. The Court requested Victoria Legal Aid to arrange this representation, stipulating that the independent children's lawyer be appointed in sufficient time to familiarise themselves with the matter and attend the first hearing. Further orders were made regarding the filing of a Notice of Address for Service by the appointed lawyer and the provision of relevant documents by the parties' solicitors within 48 hours of the appointment. The Court also noted the mother and child's travel arrangements to Melbourne.
The primary legal issue before the Court was the need for independent representation of the child M, and the practical arrangements for securing such representation. The Court was required to determine how best to ensure M's interests were independently represented in the proceedings.
Applying section 68L(2) of the *Family Law Act 1975*, Bennett J ordered that the child M be independently represented by a lawyer. The Court requested Victoria Legal Aid to arrange this representation, stipulating that the independent children's lawyer be appointed in sufficient time to familiarise themselves with the matter and attend the first hearing. Further orders were made regarding the filing of a Notice of Address for Service by the appointed lawyer and the provision of relevant documents by the parties' solicitors within 48 hours of the appointment. The Court also noted the mother and child's travel arrangements to Melbourne.
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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Remedies
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Standing
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Citations
Boyle and Kennan [2011] FamCA 356
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