LEPAK & TILLY
Case
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[2020] FCCA 2779
•7 August 2020
Details
AGLC
Case
Decision Date
LEPAK & TILLY [2020] FCCA 2779
[2020] FCCA 2779
7 August 2020
CaseChat Overview and Summary
In the matter of *Lepak & Tilly*, heard before Judge Brown, the dispute concerned competing applications for parenting orders. The mother had made an interim application which was before the Court for determination.
The Court was required to determine whether to grant the mother's interim application. Additionally, the Court needed to consider the procedural steps necessary for the proper determination of the parenting orders, including the need for a family assessment.
Judge Brown dismissed the mother's interim application. The Court ordered the respondent mother to file and serve an amended Response and Affidavit within 28 days. Crucially, the Court directed that a family assessment be carried out concerning the parenting applications. This assessment was to include interviews with the children and, at the family consultant's discretion, observed interactions with other relevant adults. The parties were to agree on an assessor within 14 days, failing which the Court would fix one upon application. The costs of this assessment were to be borne by the applicant father. Further consideration of the matter was adjourned for directions.
The Court was required to determine whether to grant the mother's interim application. Additionally, the Court needed to consider the procedural steps necessary for the proper determination of the parenting orders, including the need for a family assessment.
Judge Brown dismissed the mother's interim application. The Court ordered the respondent mother to file and serve an amended Response and Affidavit within 28 days. Crucially, the Court directed that a family assessment be carried out concerning the parenting applications. This assessment was to include interviews with the children and, at the family consultant's discretion, observed interactions with other relevant adults. The parties were to agree on an assessor within 14 days, failing which the Court would fix one upon application. The costs of this assessment were to be borne by the applicant father. Further consideration of the matter was adjourned for directions.
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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Appeal
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Costs
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
LEPAK & TILLY [2020] FCCA 2779
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