Calder and Andrews

Case

[2019] FamCA 284

3 May 2019


Details
AGLC Case Decision Date
Calder and Andrews [2019] FamCA 284 [2019] FamCA 284 3 May 2019

CaseChat Overview and Summary

In the matter of *Calder and Andrews*, heard before Justice Wilson, the dispute concerned applications made by the respondent, which were dismissed by the Court. The proceeding MLC4149/2019, *Andrews & Calder*, was consolidated with proceeding MLC391/2013, *Calder*.

The Court was required to determine several issues, including the discharge of a warrant issued for the recovery of three children, born in 2005, 2006, and 2008. Additionally, the Court considered the respondent's request for a duty lawyer to be present for the cross-examination of a family consultant, and the applicant's request to produce reasons for judgment from related Magistrates' Court proceedings concerning an intervention order.

Justice Wilson discharged the warrant for the recovery of the children, finding it no longer necessary. The Court refused the respondent's request for a duty lawyer, indicating that the existing legal representation was sufficient for the purposes of cross-examination. Leave was granted to the applicant to produce the Magistrates' Court judgment. The independent children's lawyer and the family consultant were directed to inform the children of the implications of the Court's orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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