Farina and Naima
Case
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[2018] FamCA 469
•22 June 2018
Details
AGLC
Case
Decision Date
Farina and Naima [2018] FamCA 469
[2018] FamCA 469
22 June 2018
CaseChat Overview and Summary
In the matter of Farina and Naima, Hogan J of the Federal Circuit and Family Court of Australia considered an application to amend a previous consent order concerning the supervision of a child's time with her father. The dispute centred on the identity of the supervisor.
The primary legal issue before the court was whether to amend the existing consent order to substitute a new supervisor for the child's time with her father. The court was also required to determine the procedural steps for any subsequent application for costs.
Hogan J amended the consent order of 6 December 2017, ordering that Ms S would hereafter supervise the child’s time with her father, in lieu of the persons and organisation previously named. The court also established a detailed process for any party seeking costs, including timelines for filing affidavits, written submissions, and replies, with such applications to be considered in Chambers. Furthermore, the court incorporated a Fact Sheet into the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), outlining the obligations created by the orders, the consequences of contravention, and details of support services.
The primary legal issue before the court was whether to amend the existing consent order to substitute a new supervisor for the child's time with her father. The court was also required to determine the procedural steps for any subsequent application for costs.
Hogan J amended the consent order of 6 December 2017, ordering that Ms S would hereafter supervise the child’s time with her father, in lieu of the persons and organisation previously named. The court also established a detailed process for any party seeking costs, including timelines for filing affidavits, written submissions, and replies, with such applications to be considered in Chambers. Furthermore, the court incorporated a Fact Sheet into the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), outlining the obligations created by the orders, the consequences of contravention, and details of support services.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Costs
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Remedies
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Procedural Fairness
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Citations
Farina and Naima [2018] FamCA 469
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