GRACE & GRACE
Case
•
[2020] FCCA 977
•28 April 2020
Details
AGLC
Case
Decision Date
GRACE & GRACE [2020] FCCA 977
[2020] FCCA 977
28 April 2020
CaseChat Overview and Summary
In *Grace & Grace*, heard by Judge Carter, the dispute concerned an application for parenting orders regarding the secondary school that a child should attend. The matter involved a long history of dispute and the child's sensory and emotional difficulties.
The primary legal issue before the court was whether a Family Report should be prepared in circumstances where there was a long-standing dispute over schooling and the child had specific needs. The court also considered the application of the 'rule' in *Rice & Asplund* in the context of the schooling dispute.
Judge Carter dismissed the application for a Family Report. The court determined that, given the history of the proceedings and the specific nature of the dispute, a Family Report was not necessary for the final determination of the schooling matter. The court then listed the matter for a final hearing to resolve the secondary schooling arrangements for the child in 2021.
The primary legal issue before the court was whether a Family Report should be prepared in circumstances where there was a long-standing dispute over schooling and the child had specific needs. The court also considered the application of the 'rule' in *Rice & Asplund* in the context of the schooling dispute.
Judge Carter dismissed the application for a Family Report. The court determined that, given the history of the proceedings and the specific nature of the dispute, a Family Report was not necessary for the final determination of the schooling matter. The court then listed the matter for a final hearing to resolve the secondary schooling arrangements for the child in 2021.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
-
Costs
-
Appeal
Actions
Download as PDF
Download as Word Document
Citations
GRACE & GRACE [2020] FCCA 977
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Rice & Asplund
[1978] FamCA 84
Walter & Walter
[2016] FamCAFC 56
Raymond & Harold
[2009] FamCA 155