Keane and Keane (No. 3)

Case

[2008] FamCA 650

24 July 2008


Details
AGLC Case Decision Date
Keane and Keane (No. 3) [2008] FamCA 650 [2008] FamCA 650 24 July 2008

CaseChat Overview and Summary

In the matter of *Keane and Keane (No. 3)*, Justice Cronin of the Family Court of Australia considered an application by the mother to review a registrar's decision refusing to abridge the hearing of her proposed application for parenting orders. The mother also sought parenting orders and sought to vary existing parenting orders.

The primary legal issues before the court were whether to grant the mother's application to review the registrar's decision, whether to grant the mother's application for parenting orders, and whether to grant the mother's oral application to vary existing parenting orders. The court also had to determine the attendance of the Independent Children's Lawyer and the production of the child, M, for the hearing.

Justice Cronin granted the mother's application to review the registrar's decision, notwithstanding that the Independent Children's Lawyer had not been notified. The court then listed the mother's application for parenting orders for hearing on 5 August 2008. The mother's oral application to vary existing parenting orders was dismissed. The court ordered the Independent Children's Lawyer to attend the hearing and directed the mother to serve a copy of her application and supporting affidavit on the Independent Children's Lawyer. Furthermore, the court ordered certain named individuals, being the sisters of the applicant, to bring the child M to court on the hearing date for the purpose of determining future parenting arrangements until M's 18th birthday. The application for review of the registrar's decision was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Costs

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