DICKSON & SALLER

Case

[2020] FamCA 190

7 April 2020


Details
AGLC Case Decision Date
DICKSON & SALLER [2020] FamCA 190 [2020] FamCA 190 7 April 2020

CaseChat Overview and Summary

In the matter of *Dickson & Saller*, Hogan J considered applications concerning children and property. The dispute involved the mother's application for injunctive orders, which was ultimately refused. Key issues before the court included the best interests of the children, specifically regarding their immunisation status and the location for changeovers. The court also addressed the valuation of the parties' property.

The court was required to determine whether the mother should provide proof of the elder child's immunisation and arrange for the younger children to be immunised. Furthermore, the court had to decide whether the changeover location should remain unchanged and whether to grant the mother's application for injunctive orders. The valuation of the parties' property was also a central issue.

Hogan J ordered that the parties jointly instruct a valuer to complete a property valuation report, excluding taxation consequences. The mother was directed to provide proof of the elder child's immunisation within 24 hours and to arrange for the younger children to be immunised at a specified medical centre as soon as possible, in accordance with the National Immunisation Program. The court also stipulated that appointments should ideally occur during the children's time with the mother, and she was to notify the father in writing once arrangements commenced. In the event of non-compliance with the immunisation proof order, the same immunisation orders would apply to the elder child. The medical centre was authorised to provide immunisation information to the father. The mother's application for injunctive orders was dismissed.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Expert Evidence

  • Injunction

  • Remedies

  • Procedural Fairness

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