Dawe and Short (No 2)

Case

[2018] FamCA 907

15 October 2018


Details
AGLC Case Decision Date
Dawe and Short (No 2) [2018] FamCA 907 [2018] FamCA 907 15 October 2018

CaseChat Overview and Summary

This matter came before McClelland J in the Family Court of Australia, involving a dispute between the mother and father concerning their children. The proceedings concerned proposed orders and the resolution of outstanding disagreements between the parties.

The court was required to determine the appropriate procedural steps to facilitate the resolution of the dispute between the parents. This included determining how the parties should engage in dispute resolution and the timeline for such engagement, as well as addressing the costs associated with the proceedings and any adjournments.

McClelland J ordered that the matter be adjourned to a later date. The mother was directed to respond to the father's proposed mirror orders on a without prejudice basis within 14 days to identify areas of disagreement. Crucially, pursuant to section 13C of the *Family Law Act 1975* (Cth), both parties were ordered to attend family dispute resolution or another mutually agreed upon dispute resolution service. Specific directions were given for the mother to provide a list of potential providers within 7 days, followed by the father selecting a provider within a further 7 days, with the parties to share the costs equally. The mother was also ordered to pay the costs thrown away by the adjournment within 28 days. The court also noted an invitation for the parties to consider engaging International Social Services Australia for mediation services.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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