JUKES & KEELING (No.2)

Case

[2019] FCCA 1095

8 March 2019


Details
AGLC Case Decision Date
JUKES & KEELING (No.2) [2019] FCCA 1095 [2019] FCCA 1095 8 March 2019

CaseChat Overview and Summary

In Jukes & Keeling (No.2), heard before Judge Harman, the dispute concerned parenting arrangements for the child [X]. The proceedings involved allegations of family violence, abuse, and neglect, and the court was required to consider the best interests of the child, the conduct of the parents, and the need for cooperative and child-focused parenting. The case also involved a late application to introduce evidence and the efficient use of court resources.

The court was tasked with determining the primary residence of the child, the allocation of parental responsibility, and the specific time the child would spend with each parent. Additionally, the court had to consider the father's communication with the child, travel arrangements, and the process for resolving outstanding parenting applications. A significant issue was the referral of the totality of proceedings concerning property matters to arbitration.

The court ordered that the child live with the mother and that the mother have sole parental responsibility. Detailed provisions were made for the child's time with the father, including during school terms, holidays, and special occasions, with specific arrangements for collection, return, and communication. The court also addressed the provision of contact details, notification of address changes, and the suspension of certain orders. Crucially, the court referred all outstanding parenting applications and responses to arbitration, with a clear process for the appointment of an arbitrator and the subsequent steps to be taken by the parties, including disclosure of documents and the filing of affidavits and chronologies. The matter was listed for further directions, with the understanding that this listing would be vacated upon the registration of an arbitral award.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Discovery

  • Remedies

  • Standing

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

5

Sali v SPC Ltd [1993] HCA 47
Gordon & Gordon [2015] FamCA 616