MALIK & MALIK
Case
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[2015] FamCA 311
•20 April 2015
Details
AGLC
Case
Decision Date
MALIK & MALIK [2015] FamCA 311
[2015] FamCA 311
20 April 2015
CaseChat Overview and Summary
In the matter of *Malik & Malik*, Hannam J considered an application concerning the welfare of a child, Y, born in 2005. The proceedings involved the child's parents and addressed the father's time with the child, which had been previously ordered on 23 March 2012. The court's focus was on the immediate arrangements for the child and the need for independent representation.
The primary legal issues before the court were whether the father's time with the child should remain suspended, the arrangements for a Family Consultant interview, and the appointment of an Independent Children's Lawyer (ICL) to represent the child's interests. The court also considered the father's application for interim orders and costs.
Hannam J ordered that the father's time with the child be suspended until 6 May 2015, with a Family Consultant interview scheduled for 29 April 2015. Crucially, the court invoked section 68L of the *Family Law Act 1975* (Cth) to appoint an ICL, requesting the Legal Aid Commission of New South Wales to secure representation for the child. The court granted the ICL broad powers, including issuing subpoenas and having photocopy access to documents, and exempted them from fees. The father's application for costs was reserved. The court indicated that the suspension of the father's time would likely cease unless the Family Consultant recommended otherwise, and expressed an expectation that the ICL would be appointed before the 22 May 2015 interim hearing.
The primary legal issues before the court were whether the father's time with the child should remain suspended, the arrangements for a Family Consultant interview, and the appointment of an Independent Children's Lawyer (ICL) to represent the child's interests. The court also considered the father's application for interim orders and costs.
Hannam J ordered that the father's time with the child be suspended until 6 May 2015, with a Family Consultant interview scheduled for 29 April 2015. Crucially, the court invoked section 68L of the *Family Law Act 1975* (Cth) to appoint an ICL, requesting the Legal Aid Commission of New South Wales to secure representation for the child. The court granted the ICL broad powers, including issuing subpoenas and having photocopy access to documents, and exempted them from fees. The father's application for costs was reserved. The court indicated that the suspension of the father's time would likely cease unless the Family Consultant recommended otherwise, and expressed an expectation that the ICL would be appointed before the 22 May 2015 interim hearing.
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
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Citations
MALIK & MALIK [2015] FamCA 311
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