Chranley and Smart (No 7)

Case

[2010] FamCA 716

11 August 2010


Details
AGLC Case Decision Date
Chranley and Smart (No 7) [2010] FamCA 716 [2010] FamCA 716 11 August 2010

CaseChat Overview and Summary

In the matter of *Chranley and Smart (No 7)*, Justice Dawe of the Family Court of Australia considered applications concerning the welfare of a child, A, born in March 1997. The proceedings involved the father, who had filed contravention applications, and the mother.

The central legal issue before the Court was whether to order confidential family counselling involving the mother, father, child A, and the adult daughter, J, contingent on J's agreement to participate. This required the Court to assess the potential benefit of such counselling to the child.

Justice Dawe directed that a Senior Family Consultant arrange for the father to be interviewed by Dr A, a professional tasked with preparing a report. This report was to assess the benefit to child A if confidential family counselling were to be ordered. The father was to be notified of the appointment details, and while the mother was to be informed of the appointment, neither she nor any other family member was to attend the interview. The contravention applications filed by the father were adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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