Independent Children’s Lawyer and Din & Anor (No 2)

Case

[2020] FamCA 834

15 September 2020


FAMILY COURT OF AUSTRALIA

INDEPENDENT CHILDREN’S LAWYER & DIN AND ANOR (NO. 2) [2020] FamCA 834
FAMILY LAW – PRACTICE AND PROCEDURE
Family Law Act 1975 (Cth)
APPLICANT: Independent Children’s Lawyer
FIRST RESPONDENT: Mr Din
SECOND RESPONDENT: Ms Gale
FILE NUMBER: LEC 93 of 2019
DATE DELIVERED: 15 September 2020
PLACE DELIVERED: Brisbane
PLACE HEARD: Brisbane
JUDGMENT OF: Hogan J
HEARING DATE: 15 September 2020

REPRESENTATION

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Mannering, Northside Family Law Centre
COMMISSIONER FOR QUEENSLAND POLICE SERVICE: Ms Vassilakos, Solicitor-Advocate
FIRST RESPONDENT: No appearance
SECOND RESPONDENT: No appearance

Orders

IT IS ORDERED THAT

  1. The suppression order made on an interim basis earlier today is now subject to an exception that the Independent Children’s Lawyer remain able to hear the proceedings.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gale & Din has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: LEC 93 of 2019

Independent Children’s Lawyer

Applicant

And

Mr Din

First Respondent

And

Ms Gale

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

  1. So that the Commissioner’s position is completely protected, though, it is probably appropriate that I simply now make an order amending the earlier suppression order made on an interim basis earlier today by noting that it is subject to the exception that the Independent Children’s Lawyer can remain present in the proceedings and thus may be the recipient of the disclosure of information in consequence of questions I may ask. 

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Hogan delivered on 15 September 2020.

Associate: 

Date:              15 September 2020

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Standing

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