Giordano and Platt

Case

[2018] FCCA 3815

23 November 2018


Details
AGLC Case Decision Date
Giordano and Platt [2018] FCCA 3815 [2018] FCCA 3815 23 November 2018

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Darwin, Judge Young considered an application concerning the interests of a child, [X], born in 2011. The specific nature of the dispute between the parties, Giordano and Platt, is not detailed, but the orders indicate a family law context involving the child's welfare.

The court was required to determine how best to ensure the independent representation of the child's interests and to facilitate the gathering of information relevant to the child's circumstances. This included considering the child's interaction with each parent and the process for obtaining expert advice.

Judge Young ordered that the child's interests be independently represented by a lawyer, requesting the Northern Territory Legal Aid Commission to arrange this appointment. The appointed Independent Children’s Lawyer was granted leave to inspect and copy subpoenaed material and was to be provided with all relevant documents by each party within seven days of their appointment. Furthermore, the parties and the child were directed to attend a child-inclusive conference with a Family Consultant on 17 January 2019. The Family Consultant was specifically directed to assess the appropriateness of observing the child with the father, given the limited time the child had spent with him in 2017. The matter was adjourned for an interim hearing on 12 March 2019.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Discovery

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