Darley and Darley (No. 2)

Case

[2017] FamCA 791

29 September 2017


Details
AGLC Case Decision Date
Darley and Darley (No. 2) [2017] FamCA 791 [2017] FamCA 791 29 September 2017

CaseChat Overview and Summary

In the matter of *Darley and Darley (No. 2)*, Hogan J of the Family Court of Australia considered applications made by the mother concerning the appointment of a family consultant and the discharge of an Independent Children’s Lawyer. The mother sought to replace the family consultant, challenging their expertise and qualifications to address matters of family and domestic violence, and also sought the discharge of the Independent Children’s Lawyer.

The court was required to determine whether the applications to replace the family consultant and discharge the Independent Children’s Lawyer should be granted. The court also had to consider several other applications filed by the parties, including applications for adjournment and dismissal, and to make orders regarding the compliance with previous directions.

Hogan J dismissed the mother's applications to replace the family consultant and discharge the Independent Children’s Lawyer. The court also dismissed several other applications filed by the parties. However, the court extended the time for compliance with specific clauses of an order made on 6 July 2017 by Registrar Coutts, and adjourned two of the respondent's applications to the first day of the final hearing. The court also made a specific order regarding the provision of notes by Mr H. Additionally, the court provided the parties with an explanation of court processes and procedures, and issued directions regarding communication with chambers and the conduct of witnesses giving evidence by telephone.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Standing

  • Costs

  • Remedies

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Cases Citing This Decision

2

Darley & Darley (No. 4) [2021] FamCAFC 54
Darley & Darley (No 6) [2023] FedCFamC1F 537
Cases Cited

1

Statutory Material Cited

1

Knibbs & Knibbs [2009] FamCA 840