Department of Child Safety and Starky

Case

[2009] FamCA 774

19 August 2009


Details
AGLC Case Decision Date
Department of Child Safety and Starky [2009] FamCA 774 [2009] FamCA 774 19 August 2009

CaseChat Overview and Summary

The matter before Jordan J concerned an application by the Department of Child Safety to discharge previous court orders and a request by Mr Starkey, the respondent father, for the removal of his name and that of his child, R, from the All Ports Watch Alert system. The court was also asked to direct the return of passports held by the Family Court to the respondent father.

The central legal issues before the court were whether the existing orders, made on 9 April 2009 and 13 November 2008, should be discharged, and whether the respondent father and child R should be removed from the All Ports Watch Alert system. Additionally, the court had to determine whether passports held by the Family Court should be returned to the respondent father.

Jordan J discharged the orders made on 9 April 2009 and specific orders (1, 2, 4, and 5) made on 13 November 2008. The court further requested that the Australian Federal Police remove the names of Mr Starkey and the child R from the All Ports Watch Alert system at all international departure points in Australia. Finally, the court directed that any passports held by the Family Court in the names of Mr Starkey and the child R be returned to the respondent father.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

  • Standing

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