Lavigne & Wexler
Case
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[2021] FCCA 439
•11 February 2021
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AGLC
Case
Decision Date
Lavigne & Wexler [2021] FCCA 439
[2021] FCCA 439
11 February 2021
CaseChat Overview and Summary
In the matter of DNC 107 of 2020, Mr Lavigne, the applicant, brought proceedings against Ms Wexler, the respondent. The core of the dispute, as revealed by the court's orders, concerned a declaration sought by the applicant regarding his paternity of a child. The decision was made by Young J.
The primary legal issue before the court was whether the applicant's initiating application adequately pleaded a claim for a declaration that he is not the father of the child, pursuant to section 107 of the *Child Support (Assessment) Act 1989* (Cth). This required the court to consider the necessary form and content of such an application to properly bring the issue before the court.
Young J ordered that the applicant file and serve an amended initiating application within 14 days. This amendment was specifically to include a further ground seeking a declaration under section 107 of the *Child Support (Assessment) Act 1989* (Cth) that he is not the father of the child. The court also directed that the amended application be personally served on the adult child. The matter was then adjourned for further consideration.
The primary legal issue before the court was whether the applicant's initiating application adequately pleaded a claim for a declaration that he is not the father of the child, pursuant to section 107 of the *Child Support (Assessment) Act 1989* (Cth). This required the court to consider the necessary form and content of such an application to properly bring the issue before the court.
Young J ordered that the applicant file and serve an amended initiating application within 14 days. This amendment was specifically to include a further ground seeking a declaration under section 107 of the *Child Support (Assessment) Act 1989* (Cth) that he is not the father of the child. The court also directed that the amended application be personally served on the adult child. The matter was then adjourned for further consideration.
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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Lavigne & Wexler [2021] FCCA 439
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