Leyton and Jacks

Case

[2018] FCCA 163

25 January 2018


Details
AGLC Case Decision Date
Leyton and Jacks [2018] FCCA 163 [2018] FCCA 163 25 January 2018

CaseChat Overview and Summary

In the Family Court of Australia, Judge Brown considered a dispute between a father and a mother concerning the future schooling arrangements for their two children, [X] and [Y]. The primary issue revolved around the father's proposal for [X] to attend a private secondary school, (omitted) College, from the commencement of the 2018 academic year.

The court was required to determine whether the father should be authorised to enrol [X] at (omitted) College, and if so, under what conditions regarding the payment of fees and expenses. Additionally, the court needed to make orders regarding the schooling of the younger child, [Y], and to address the remaining aspects of the parties' applications.

Judge Brown reasoned that the father could enrol [X] at (omitted) College, provided he furnished a written undertaking and indemnity to both the mother and the court. This undertaking was to cover all fees and expenses associated with [X]'s attendance, including uniforms, equipment, musical instruments, sporting equipment, school camps, and all other activities. The mother was directed to provide her school card and relevant documentation to facilitate any available discounts, but was not obligated to contribute financially to the child's education at that school. The court also ordered that [Y] attend (omitted) Primary School for the remainder of his primary education. The parties' applications were otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Ubilla & Knightley [2010] FMCAfam 382
Russell & Russell & Anor [2009] FamCA 28
CROFT & CROFT [2017] FCCA 588