HILLMAN & CARSON

Case

[2017] FamCA 978

1 December 2017


Details
AGLC Case Decision Date
HILLMAN & CARSON [2017] FamCA 978 [2017] FamCA 978 1 December 2017

CaseChat Overview and Summary

The case of *Hillman & Carson* involved an application before Forrest J in the Family Court of Australia. The dispute concerned interim parenting and property matters between the applicant father and the respondent mother. Key orders were made regarding psychiatric assessments of the parties, joint counselling, the children's schooling, and the children's residence. Additionally, the court addressed the occupation of a jointly owned property and the father's costs obligations.

The court was required to determine several legal issues, including the appropriate interim arrangements for the children's welfare and living arrangements, the need for professional assessments and counselling to facilitate co-parenting, and the interim use and occupation of a jointly owned property. The court also considered the allocation of costs associated with the father's application.

Forrest J made a series of interim orders aimed at resolving the immediate concerns of the parties and the children. The court ordered both parents to attend psychiatric assessments and joint counselling, with the children to attend a new school from the commencement of the 2018 academic year. The children were to live with the mother, who was granted sole use and occupation of a jointly owned property upon the vacation of the tenants, with responsibility for mortgage repayments. The father was ordered to pay the mother's costs of his application on a party and party basis, to be paid from his property settlement entitlement. Other interim applications by the mother were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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