Carter and Carter and Anor
Case
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[2017] FamCA 373
•31 May 2017
Details
AGLC
Case
Decision Date
Carter and Carter and Anor [2017] FamCA 373
[2017] FamCA 373
31 May 2017
CaseChat Overview and Summary
In *Carter and Carter and Anor*, the applicant sought access to his parents' Family Court file and leave to proceed on an undefended basis. The proceedings concerned the applicant's request to view his parents' Family Court file, specifically consent orders made in earlier proceedings.
The central legal issues before Johns J were whether the applicant should be permitted to inspect the consent orders made in the proceedings concerning his parents, and whether he should be permitted to search the entire court file. The court was also required to determine whether to grant leave for the applicant to proceed on an undefended basis.
Johns J granted the applicant leave to proceed on an undefended basis. His Honour permitted the applicant to inspect the consent orders made on 22 November 1977 in proceedings numbered MLF 27378 of 1977, but otherwise dismissed the applicant's Application in a Case filed on 9 February 2017, thereby refusing access to the entire court file.
The central legal issues before Johns J were whether the applicant should be permitted to inspect the consent orders made in the proceedings concerning his parents, and whether he should be permitted to search the entire court file. The court was also required to determine whether to grant leave for the applicant to proceed on an undefended basis.
Johns J granted the applicant leave to proceed on an undefended basis. His Honour permitted the applicant to inspect the consent orders made on 22 November 1977 in proceedings numbered MLF 27378 of 1977, but otherwise dismissed the applicant's Application in a Case filed on 9 February 2017, thereby refusing access to the entire court file.
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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Consent
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Appeal
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Jurisdiction
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Procedural Fairness
Actions
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Most Recent Citation
CARTER & CARTER [2018] FamCAFC 45
Cases Cited
0
Statutory Material Cited
2