Earles and Highsmith (No 2)

Case

[2012] FamCA 947

17 October 2012


Details
AGLC Case Decision Date
Earles and Highsmith (No 2) [2012] FamCA 947 [2012] FamCA 947 17 October 2012

CaseChat Overview and Summary

In *Earles and Highsmith (No 2)*, Collier J of the Federal Circuit Court of Australia considered applications made by both the mother and the father concerning the location of a subject child and related matters. The proceedings involved the mother's applications to stay proceedings and discharge an Independent Children's Lawyer, as well as the father's application for the location of the child.

The court was required to determine the disposition of the mother's application for a stay, the father's application for the location of the child, and the mother's application to discharge the Independent Children's Lawyer. Additionally, the court had to consider applications for costs and the appropriate handling of information related to the child's location.

Collier J dismissed the mother's application for a stay. The court ordered that the mother provide her mobile numbers to the Court, not to be disclosed to the father, for the purpose of locating the child. The mother's mobile phone was to be inspected by Mr Kenny for its call log, and subsequently provided to the Australian Federal Police for inspection to aid in the child's recovery. The court also made directions regarding the filing of material for the application to discharge the Independent Children's Lawyer, and reserved costs for various applications.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Jurisdiction

  • Stay of Proceedings

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

CSN v JBN [1998] FamCA 1766