GOODNER & JEPPESEN

Case

[2012] FamCA 463

30 May 2012


Details
AGLC Case Decision Date
GOODNER & JEPPESEN [2012] FamCA 463 [2012] FamCA 463 30 May 2012

CaseChat Overview and Summary

The case of *Goodner & Jeppesen* concerned an application by the Father, filed on 25 November 2011, which was heard by Cleary J in the Family Court of Australia. The dispute involved orders made on 28 November 2011, which the Father sought to have varied or set aside.

The primary legal issue before the court was whether the existing orders, made on 28 November 2011, should be discharged. This required the court to consider the particulars of the obligations created by those orders, the potential consequences of contravention, and the availability of assistance for parties to comply with them, as contemplated by sections 65DA(2) and 62B of the *Family Law Act 1975*.

Cleary J dismissed the Father's application. Consequently, orders 2, 3, 4, 7, 8, and 9 made on 28 November 2011 were discharged. The court also directed that the Independent Children’s Lawyer explain the orders and the outcome of the proceedings to the children before being discharged. Furthermore, the court ordered that a Fact Sheet, detailing the obligations, consequences of contravention, and sources of assistance, be attached to the orders and form part of them, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Most Recent Citation
Biggs and Tyson [2015] FCCA 2715

Cases Citing This Decision

2

Rushbrook and Rushbrook [2018] FCCA 1846
BIGGS & TYSON [2015] FCCA 2715
Cases Cited

1

Statutory Material Cited

1

Goodner and Jeppesen [2009] FamCA 1052