Ivers and Dawkins (No.2)
Case
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[2018] FCCA 548
•9 March 2018
Details
AGLC
Case
Decision Date
Ivers and Dawkins (No.2) [2018] FCCA 548
[2018] FCCA 548
9 March 2018
CaseChat Overview and Summary
In the matter of *Ivers and Dawkins (No.2)*, Judge Curtain of the Federal Circuit Court of Australia considered an application concerning the name of a child. The dispute involved the parents' differing wishes regarding the child's legal name.
The central legal issue before the Court was whether to grant an order for the change of the child's name. This required the Court to consider the best interests of the child in determining the appropriate name.
Judge Curtain ordered that the child, previously known as [X], be henceforth known as [A]. The applicant was directed to register this name change with the Victorian Registry of Births, Deaths and Marriages. The Court also discharged the order appointing an Independent Children’s Lawyer and dismissed all other extant applications. The Court certified that it was reasonable for the Independent Children’s Lawyer to employ an advocate and reserved liberty to the Mother to apply for clarification or variation of the orders. The Court further noted that particulars of the obligations created by the orders and the consequences of contravention were set out in an attached Fact Sheet, in accordance with sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The central legal issue before the Court was whether to grant an order for the change of the child's name. This required the Court to consider the best interests of the child in determining the appropriate name.
Judge Curtain ordered that the child, previously known as [X], be henceforth known as [A]. The applicant was directed to register this name change with the Victorian Registry of Births, Deaths and Marriages. The Court also discharged the order appointing an Independent Children’s Lawyer and dismissed all other extant applications. The Court certified that it was reasonable for the Independent Children’s Lawyer to employ an advocate and reserved liberty to the Mother to apply for clarification or variation of the orders. The Court further noted that particulars of the obligations created by the orders and the consequences of contravention were set out in an attached Fact Sheet, in accordance with sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
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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Remedies
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Procedural Fairness
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Citations
Ivers and Dawkins (No.2) [2018] FCCA 548
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