Lavigne & Wexler

Case

[2021] FCCA 439

11 February 2021


Details
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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

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