Ellison and Mallick and Anor
Case
•
[2018] FamCA 603
•8 August 2018
Details
AGLC
Case
Decision Date
Ellison and Mallick and Anor [2018] FamCA 603
[2018] FamCA 603
8 August 2018
CaseChat Overview and Summary
In the matter of *Ellison and Mallick and Anor*, heard before Hannam J, the dispute concerned the welfare of three children, X, Y, and Z. The court was required to make orders regarding the children's living arrangements and parental responsibility.
The central legal issue before the court was the determination of appropriate orders to ensure the safety and well-being of the children, given the circumstances presented. This involved considering the parental responsibility of the named parties and the role of the Minister and the Department of Family and Community Services.
Hannam J made orders restraining each of the parents from permitting the children to live with or come into contact with them. Pending further order, the Minister was granted sole parental responsibility for the children, and the children were to live with arrangements directed by a delegate of the Secretary of the Department of Family and Community Services. The proceedings were listed for further case management.
The central legal issue before the court was the determination of appropriate orders to ensure the safety and well-being of the children, given the circumstances presented. This involved considering the parental responsibility of the named parties and the role of the Minister and the Department of Family and Community Services.
Hannam J made orders restraining each of the parents from permitting the children to live with or come into contact with them. Pending further order, the Minister was granted sole parental responsibility for the children, and the children were to live with arrangements directed by a delegate of the Secretary of the Department of Family and Community Services. The proceedings were listed for further case management.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Injunction
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Jurisdiction
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Judicial Review
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Procedural Fairness
Actions
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Most Recent Citation
ELLISON & MALLICK [2020] FamCA 179
Cases Cited
5
Statutory Material Cited
1
SS & AH
[2010] FamCAFC 13
George & George
[2013] FamCAFC 182
Deiter & Deiter
[2011] FamCAFC 82