Gelder and Gelder

Case

[2019] FCCA 3390

29 October 2019


Details
AGLC Case Decision Date
Gelder and Gelder [2019] FCCA 3390 [2019] FCCA 3390 29 October 2019

CaseChat Overview and Summary

In the matter of *Gelder and Gelder*, heard by Judge Young, the father had made an interim application which was dismissed by the Court. The proceedings concerned the children of the relationship, X and Y.

The Court was required to determine the terms of an order for the preparation of a family report concerning the children. Specifically, the Court needed to specify the matters the family consultant should address in the report, including the children's views, factors relevant to those views, and the considerations outlined in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, as well as any other matters the consultant deemed important for the children's welfare and best interests. The Court also needed to establish procedures for the report's preparation, release, and potential dissemination to other bodies.

Judge Young ordered that the parties and the children attend upon a family consultant nominated by the Regional Coordinator Child Dispute Services for the preparation of a family report, to be released by 31 December 2019. The order detailed the specific matters the report was to address, including the children's views and relevant statutory considerations. Directions were given regarding the forwarding of documents to the report writer and the confirmation of attendance by the parties. The Court also set out conditions for the release of the report to the parties, their legal representatives, and potentially to other specified bodies, subject to certain objections and noting the provisions of section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings. Further orders addressed the inspection of documents produced by subpoena and the procedure for presenting material to the family consultant. The matter was adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Discovery

  • Costs

  • Injunction

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Statutory Material Cited

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