HALLORAN & HALLORAN

Case

[2018] FCCA 2825

5 October 2018


Details
AGLC Case Decision Date
Halloran and Halloran [2018] FCCA 2825 [2018] FCCA 2825 5 October 2018

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Judge Altobelli considered an application by the mother for interim parenting orders concerning her children. The dispute centred on whether the mother's existing limited time with the children should be suspended pending a final hearing.

The court was required to determine whether to grant the mother's application for interim time with the children, and whether to make an order under section 91B of the *Family Law Act 1975* requesting the intervention of the Secretary of the Department of Family and Community Services. The court also had to consider the transfer of the proceedings to the Family Court of Australia.

Judge Altobelli dismissed the mother's application for interim time with the children. The court reasoned that the existing arrangements, which involved limited time with the mother, should be maintained pending the final hearing. The court also ordered the transfer of the proceedings to the Family Court of Australia for a final hearing and requested the intervention of the Secretary of the Department of Family and Community Services in relation to the children. The Independent Children’s Lawyer was directed to provide the court's reasons to the Solicitor for the Secretary.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346