HEATH & PASCALL

Case

[2019] FCCA 2896

10 October 2019


Details
AGLC Case Decision Date
HEATH & PASCALL [2019] FCCA 2896 [2019] FCCA 2896 10 October 2019

CaseChat Overview and Summary

In the matter of *Heath & Pascall*, heard before Judge Spelleken, the dispute concerned parenting arrangements for a child, X. The mother had applied for the discharge of the Independent Children’s Lawyer (ICL), while the father was ordered to provide certain email correspondence.

The court was required to determine whether the ICL should be discharged from their role. Additionally, the court needed to consider the appropriate orders regarding the disclosure of communications between the father and X’s day care centre and the ICL, and the issuance of a further subpoena to a contact centre.

Judge Spelleken dismissed the mother's application to discharge the ICL, indicating that the ICL's continued involvement was deemed necessary. The court ordered the father to provide copies of emails sent to X’s day care centre and to the ICL within fourteen days. Furthermore, the ICL was directed to issue a further subpoena to the C Contact Centre for the production of documents prior to the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Injunction

  • Procedural Fairness

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Heath & Pascall (No 4) [2021] FCCA 1494
Cases Cited

3

Statutory Material Cited

5

Knibbs & Knibbs [2009] FamCA 840
Dickens & Dickens [2016] FamCA 115
Horner & Horner [2018] FamCA 487