HANDEL & JESAULENKO

Case

[2011] FamCA 134

17 January 2011


Details
AGLC Case Decision Date
HANDEL & JESAULENKO [2011] FamCA 134 [2011] FamCA 134 17 January 2011

CaseChat Overview and Summary

In the matter of *Handel & Jesaulenko*, heard before Murphy J, the proceedings concerned children and were finalised by discontinuance. The specific dispute and the identities of the parties beyond their roles in the proceedings are not detailed in the provided text.

The court was required to determine the appropriate orders to be made following the discontinuance of the proceedings. This included the dismissal of all applications and responses, the discharge of the Independent Children's Lawyer, and the provision of a specific report to the parties and the Independent Children's Lawyer. The court also considered the extent to which the Independent Children's Lawyer could publish an account of the proceedings to the Department of Communities (Child Safety Services).

Murphy J ordered the dismissal of all applications and responses by the parties, and the discharge of the Independent Children's Lawyer. A copy of a section 69ZW Report was to be provided to the parties and the Independent Children's Lawyer. Furthermore, the Independent Children's Lawyer was granted leave to publish an account of the proceedings to the Department of Communities (Child Safety Services), subject to the exceptions provided in section 121(9)(g) of the *Family Law Act 1975*, to include relevant documents from the court file and a copy of the Reasons for Judgment and Orders. All extant applications were dismissed and removed from the list of cases awaiting finalisation, subpoenaed documents were to be returned, and exhibits were to be returned to their original custodians. The court also ordered that particulars of obligations and consequences for contravention of the orders, along with information on who could assist parties, be set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Costs

  • Discovery

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