Chandra and Chandra

Case

[2017] FCCA 451

10 March 2017


Details
AGLC Case Decision Date
Chandra and Chandra [2017] FCCA 451 [2017] FCCA 451 10 March 2017

CaseChat Overview and Summary

In the matter of *Chandra and Chandra*, heard before Judge Small, the dispute concerned parenting applications in relation to a child, X, born in 2011. The court was required to determine the validity and effect of previous orders made concerning the child.

The central legal issue before the court was whether it possessed jurisdiction to make parenting orders in relation to child X. This question arose in the context of applications to dismiss existing parenting orders and discharge the appointment of an Independent Children’s Lawyer.

Judge Small reasoned that the court lacked jurisdiction to make parenting orders concerning child X. Consequently, the court ordered the discharge of paragraph 3 of the orders made on 8 December 2016 and the order appointing the Independent Children’s Lawyer made on 24 May 2016. The court further noted that the effect of these orders was to confirm the dismissal of all parenting applications for want of jurisdiction and to render all previous purported parenting orders void *ab initio*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Appeal

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

1

MENDELSON & KERNER [2018] FCCA 3344
Cases Cited

2

Statutory Material Cited

3

Alfarsi & Elhage [2016] FamCA 428
Bunyon & Lewis (No 3) [2013] FamCA 888