DONNE & DONNE

Case

[2018] FCCA 2887

12 October 2018


Details
AGLC Case Decision Date
DONNE & DONNE [2018] FCCA 2887 [2018] FCCA 2887 12 October 2018

CaseChat Overview and Summary

This matter concerned parenting orders in family law proceedings before Harland J. The dispute involved the child [X], born in 2010, and the mother and father. The proceedings also involved the Chief Commissioner of Police, who sought suppression orders.

The court was required to determine several legal issues, including the need for independent representation for the child, the arrangements for a private family report, and the disclosure of certain information. Additionally, the court considered applications for the proceedings to be conducted in closed court and for suppression orders to protect the safety of individuals and the proper administration of justice.

Harland J made a series of orders addressing these issues. The proceeding was adjourned for an interim defended hearing. The child was to be independently represented, with Victoria Legal Aid requested to arrange this. The child was ordered to live with the mother. A private family report was to be prepared by Dr A, with specific matters to be addressed, including the child's views, contact arrangements with the father, and considerations under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. The court also requested documents and information from the Department of Health and Human Services concerning suspected abuse or family violence affecting the child. Crucially, orders were made pursuant to ss.102PE(1) and 102PE(2) of the *Family Law Act 1975* to prevent disclosure of specific information and to restrict attendance at the proceedings, with these orders being necessary to prevent prejudice to the administration of justice and to protect the safety of any person.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Costs

  • Standing

  • Judicial Review

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

3

SAMMARRA & ROSTEM [2015] FamCA 358
Matthews v R (No 2) [2013] NSWCCA 194
Matthews v R (No 2) [2013] NSWCCA 194