LAINHART & ELLINSON
Case
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[2020] FCCA 1877
•7 May 2020
Details
AGLC
Case
Decision Date
LAINHART & ELLINSON [2020] FCCA 1877
[2020] FCCA 1877
7 May 2020
CaseChat Overview and Summary
In the proceedings before Judge Harman, the parties, identified as Lainhart and Ellinson, were involved in a dispute concerning their children. The court was tasked with determining the appropriate course of action to facilitate resolution and ensure the children's best interests were paramount.
The central legal issues before the court involved the mandatory engagement of the parties in Family Dispute Resolution and Family Counselling or Therapy. Specifically, the court needed to determine how these processes should be initiated, attended, and funded, and what steps should be taken if such services were deemed inappropriate or declined. The court also considered the role of the Independent Children's Lawyer in this process, including their authority to nominate services and provide relevant reports.
Judge Harman ordered that the scheduled hearing be vacated and directed the parties, along with any appointed Independent Children's Lawyer, to engage with the Legal Aid Commission's Early Intervention Unit within seven days to arrange and attend an intake appointment for Family Dispute Resolution. Following this assessment, and subject to suitability, the parties were to participate in Family Dispute Resolution as advised. Furthermore, the parties were ordered to engage in Family Counselling or Therapy services nominated by the Independent Children's Lawyer, attending as advised and bearing the associated costs. The court also stipulated that if services were deemed inappropriate or declined, the service provider was requested to advise the court in writing. Leave was granted to the Independent Children's Lawyer to provide a specific report to any engaged counselling or therapy service. The matter was adjourned for further call over.
The central legal issues before the court involved the mandatory engagement of the parties in Family Dispute Resolution and Family Counselling or Therapy. Specifically, the court needed to determine how these processes should be initiated, attended, and funded, and what steps should be taken if such services were deemed inappropriate or declined. The court also considered the role of the Independent Children's Lawyer in this process, including their authority to nominate services and provide relevant reports.
Judge Harman ordered that the scheduled hearing be vacated and directed the parties, along with any appointed Independent Children's Lawyer, to engage with the Legal Aid Commission's Early Intervention Unit within seven days to arrange and attend an intake appointment for Family Dispute Resolution. Following this assessment, and subject to suitability, the parties were to participate in Family Dispute Resolution as advised. Furthermore, the parties were ordered to engage in Family Counselling or Therapy services nominated by the Independent Children's Lawyer, attending as advised and bearing the associated costs. The court also stipulated that if services were deemed inappropriate or declined, the service provider was requested to advise the court in writing. Leave was granted to the Independent Children's Lawyer to provide a specific report to any engaged counselling or therapy service. The matter was adjourned for further call over.
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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Jurisdiction
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Remedies
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Procedural Fairness
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Costs
Actions
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Citations
LAINHART & ELLINSON [2020] FCCA 1877
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Gordon & Gordon
[2015] FamCA 616
Rakielbakhour v DPP
[2020] NSWSC 323
Allesch v Maunz
[2000] HCA 40