CANDELER & CANDELER (No.2)
Case
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[2020] FCCA 1095
•11 May 2020
Details
AGLC
Case
Decision Date
Candeler and Candeler (No.2) [2020] FCCA 1095
[2020] FCCA 1095
11 May 2020
CaseChat Overview and Summary
In *Candeler & Candeler (No.2)*, Judge Brown of the Family Court of Australia considered an interim hearing concerning relocation issues between the parties. The matter had been previously listed for a final hearing on 1 and 2 June 2020, but was expedited due to the emergence of a relocation dispute.
The court was required to determine two primary legal issues: firstly, whether the final hearing should proceed electronically via Microsoft Teams, and secondly, whether the children's interim living arrangements should be altered pending the final determination of the proceedings, with paramount consideration given to the best interests of the children.
In addressing the first issue, the court confirmed that the hearing listed for 1 and 2 June 2020 would proceed electronically via Microsoft Teams, acknowledging the circumstances of the COVID-19 crisis. Regarding the second issue, the court ordered that the existing interim arrangements, as established by orders made on 1 November 2019, were to continue. Furthermore, each party was directed to file all further affidavits, including relevant financial records pertaining to child support, by 25 May 2020.
The court was required to determine two primary legal issues: firstly, whether the final hearing should proceed electronically via Microsoft Teams, and secondly, whether the children's interim living arrangements should be altered pending the final determination of the proceedings, with paramount consideration given to the best interests of the children.
In addressing the first issue, the court confirmed that the hearing listed for 1 and 2 June 2020 would proceed electronically via Microsoft Teams, acknowledging the circumstances of the COVID-19 crisis. Regarding the second issue, the court ordered that the existing interim arrangements, as established by orders made on 1 November 2019, were to continue. Furthermore, each party was directed to file all further affidavits, including relevant financial records pertaining to child support, by 25 May 2020.
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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Jurisdiction
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Procedural Fairness
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Remedies
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Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
2
Candeler and Candeler
[2013] FMCAfam 180
Mazorski & Albright
[2007] FamCA 520
Morgan v Miles
[2007] FamCA 1230