CHOLIC & CHOLIC

Case

[2015] FamCA 1156

3 December 2015


Details
AGLC Case Decision Date
CHOLIC & CHOLIC [2015] FamCA 1156 [2015] FamCA 1156 3 December 2015

CaseChat Overview and Summary

In *Cholic & Cholic*, the parties were engaged in family law proceedings concerning their children, B and C. The dispute involved applications filed by the mother on 3 November 2015 and a response filed by the father on 25 November 2015. The proceedings were before Hannam J in the Family Court of Australia.

The court was required to determine the appropriate arrangements for the independent representation of the children, B and C, and to manage the ongoing litigation between the parents. Specifically, the court considered the appointment of an Independent Children's Lawyer and the dismissal of certain applications filed by the parties.

Hannam J ordered that the children, B and C, be independently represented pursuant to section 68L of the *Family Law Act 1975* (Cth). The appointment of this representation was to be arranged by the Legal Services Commission of South Australia, with a request for the re-appointment of Mr Timothy Stephen Adey if available. To expedite this process, both parties were directed to provide the Commission with copies of all documents filed in the Family Court since the commencement of the initiating application on 3 November 2015, within seven days. The mother's application and the father's response were dismissed and removed from the active pending cases list.

The final application proceedings were referred to the list of matters awaiting trial allocation and adjourned for trial directions before the Registrar. The court noted that the length of the trial was not yet known.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Remedies

Actions
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Most Recent Citation
CHOLIC & CHOLIC [2016] FamCA 900

Cases Citing This Decision

1

CHOLIC & CHOLIC [2016] FamCA 900
Cases Cited

3

Statutory Material Cited

1

SS & AH [2010] FamCAFC 13
Deiter & Deiter [2011] FamCAFC 82
Goode & Goode [2006] FamCA 1346