Martin & Neal

Case

[2008] FamCA 1077

11 August 2008


Details
AGLC Case Decision Date
Martin & Neal [2008] FamCA 1077 [2008] FamCA 1077 11 August 2008

CaseChat Overview and Summary

In the matter of *Martin & Neal*, O'Reilly J considered an application concerning orders made in relation to children. The specific nature of the dispute between the parties is not detailed, but the orders made by the court indicate a context involving family law and the welfare of children.

The court was required to determine the terms of the final orders to be made, the appropriate method for recording these orders, and the extent to which certain statutory provisions regarding the particulars of obligations and consequences of contravention should be incorporated. Furthermore, the court had to consider the role and continuation of the independent children's lawyer.

O'Reilly J ordered that the terms of Annexure A be made orders of the court, and that the original minute of orders signed by the parties be placed on the court file. The court also directed that particulars of obligations, consequences of contravention, and details of assistance for compliance, as set out in an attached Fact Sheet, be included in the orders pursuant to sections 65DA(2) and 62B of the relevant legislation. Finally, the independent children's lawyer was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

4

Kalfus v Cassis [2005] FMCA 143
Cases Cited

2

Statutory Material Cited

1

U v U [2002] HCA 36
AMS v AIF [1999] HCA 26