Kingley & Arndale (No 2)

Case

[2010] FamCA 968

8 October 2010


Details
AGLC Case Decision Date
Kingley & Arndale (No 2) [2010] FamCA 968 [2010] FamCA 968 8 October 2010

CaseChat Overview and Summary

In the proceedings before O'Reilly J, the mother sought orders concerning the discharge of a family consultant, the sealing and non-use of the consultant's reports, the appointment of a new consultant, and the continuation of the independent children's lawyer. The father had also filed an amended response concerning interim parenting orders.

The court was required to determine whether to grant the mother's application to discharge the existing family consultant, seal and prevent the use of his reports, and appoint a new consultant. Additionally, the court needed to consider the continuation of the independent children's lawyer and the vacating of a scheduled listing for interim parenting orders, as well as make directions for future listings, including trial.

O'Reilly J ordered the discharge of Mr P as the family consultant and directed that his reports be sealed and not used in the proceedings. A new family consultant was to be appointed to prepare a fresh report. The independent children's lawyer was to continue in the matter. The listing for interim parenting orders was vacated, and the matter was listed for directions regarding interim and trial orders, with a view to fixing trial dates in early 2011. The court also ordered further psychiatric assessments of the mother and father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Reliance

  • Remedies

  • Procedural Fairness

  • Discovery

  • Injunction

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Cases Citing This Decision

6

Leroux & Leroux [2015] FamCA 1128
Bondai & Bretton (No 2) [2010] FamCA 1237
HOWELL & CARTER (No.2) [2017] FCCA 377
Cases Cited

5

Statutory Material Cited

1

Reisner & Reisner [2010] FamCA 473
Knibbs & Knibbs [2009] FamCA 840
Johnson v Johnson [2000] HCA 48