Chandra and Chandra
Case
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[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*.
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
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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Appeal
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Procedural Fairness
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Remedies
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Citations
Chandra and Chandra [2017] FCCA 451
Most Recent Citation
Mendelson and Kerner [2018] FCCA 3344
Cases Cited
2
Statutory Material Cited
3
Alfarsi & Elhage
[2016] FamCA 428
Bunyon & Lewis (No 3)
[2013] FamCA 888