HELPMAN & HELPMAN
Case
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[2015] FamCA 619
•1 July 2015
Details
AGLC
Case
Decision Date
HELPMAN & HELPMAN [2015] FamCA 619
[2015] FamCA 619
1 July 2015
CaseChat Overview and Summary
In the matter of *Helpmann & Helpmann*, Macmillan J of the Family Court of Australia made orders concerning the representation of children and the progression of proceedings. The dispute involved the parents of two children, B and C, and the court's intervention to ensure the children's interests were independently represented and their welfare was assessed.
The court was required to determine the necessity for separate representation of the children, B and C, and to make consequential orders regarding the appointment and powers of an Independent Children’s Lawyer. Further issues included the filing of financial statements and affidavits by the parties, the preparation of a family report, and the allocation of costs for that report. The court also addressed the inspection of court documents and the adjournment of extant applications.
Macmillan J ordered that paragraph 4 of previous orders be suspended and, pursuant to s 68L(2) of the *Family Law Act 1975* (Cth), directed that the children B and C be separately represented. Victoria Legal Aid was requested to arrange this representation, and upon appointment, the Independent Children’s Lawyer was to file a Notice of Address for Service and be granted leave to inspect and copy subpoenaed material. The parties were ordered to provide relevant documents to the Independent Children’s Lawyer within 48 hours of notification of their appointment. The father was directed to file a financial statement by 8 July 2015, and the mother was to file any affidavit in reply by 15 July 2015. The parties and children were ordered to attend upon Mr D for a family report, to be completed by 31 July 2015, with the mother to bear the initial cost, subject to liberty to apply for the father's contribution. Mr D was granted liberty to inspect the court file and documents. All extant applications were adjourned for further hearing on 4 August 2015.
The court was required to determine the necessity for separate representation of the children, B and C, and to make consequential orders regarding the appointment and powers of an Independent Children’s Lawyer. Further issues included the filing of financial statements and affidavits by the parties, the preparation of a family report, and the allocation of costs for that report. The court also addressed the inspection of court documents and the adjournment of extant applications.
Macmillan J ordered that paragraph 4 of previous orders be suspended and, pursuant to s 68L(2) of the *Family Law Act 1975* (Cth), directed that the children B and C be separately represented. Victoria Legal Aid was requested to arrange this representation, and upon appointment, the Independent Children’s Lawyer was to file a Notice of Address for Service and be granted leave to inspect and copy subpoenaed material. The parties were ordered to provide relevant documents to the Independent Children’s Lawyer within 48 hours of notification of their appointment. The father was directed to file a financial statement by 8 July 2015, and the mother was to file any affidavit in reply by 15 July 2015. The parties and children were ordered to attend upon Mr D for a family report, to be completed by 31 July 2015, with the mother to bear the initial cost, subject to liberty to apply for the father's contribution. Mr D was granted liberty to inspect the court file and documents. All extant applications were adjourned for further hearing on 4 August 2015.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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Remedies
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Jurisdiction
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Injunction
Actions
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Citations
HELPMAN & HELPMAN [2015] FamCA 619
Cases Citing This Decision
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