Fennick and Fennick
Case
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[2008] FamCA 217
•26 March 2008
Details
AGLC
Case
Decision Date
Fennick and Fennick [2008] FamCA 217
[2008] FamCA 217
26 March 2008
CaseChat Overview and Summary
In the matter of *Fennick and Fennick*, heard before Watts J, the proceedings concerned an application relating to orders previously made on 5 November 2007. The specific nature of the dispute between the parties, the Fennicks, is not detailed in the provided text, but the orders indicate a context involving children and potentially sensitive information regarding their location and schooling.
The court was required to determine whether to suspend the existing orders, grant leave for the Independent Children's Lawyer to issue subpoenas to various entities including a school, a hospital, the Department of Community Services (DoCS), a doctor, a contact centre, and the NSW Police, and whether to impose restrictions on the husband's legal representative concerning the disclosure of information about the mother's and children's residences and the children's school.
Watts J ordered that the orders of 5 November 2007 be suspended pending further order. Leave was granted to the Independent Children's Lawyer to issue subpoenas to the specified institutions and individuals, with these to be returnable before Registrar Micaleff. Furthermore, the husband's legal representative was prohibited from disclosing to the husband any material that would identify the address of the mother or children, or the school attended by the children. The matter was adjourned to 5 June 2008.
The court was required to determine whether to suspend the existing orders, grant leave for the Independent Children's Lawyer to issue subpoenas to various entities including a school, a hospital, the Department of Community Services (DoCS), a doctor, a contact centre, and the NSW Police, and whether to impose restrictions on the husband's legal representative concerning the disclosure of information about the mother's and children's residences and the children's school.
Watts J ordered that the orders of 5 November 2007 be suspended pending further order. Leave was granted to the Independent Children's Lawyer to issue subpoenas to the specified institutions and individuals, with these to be returnable before Registrar Micaleff. Furthermore, the husband's legal representative was prohibited from disclosing to the husband any material that would identify the address of the mother or children, or the school attended by the children. The matter was adjourned to 5 June 2008.
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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Appeal
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Discovery
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Injunction
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Jurisdiction
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Procedural Fairness
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Citations
Fennick and Fennick [2008] FamCA 217
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