Masih & El Saeid

Case

[2021] FamCA 60

15 February 2021


Details
AGLC Case Decision Date
Masih & El Saeid [2021] FamCA 60 [2021] FamCA 60 15 February 2021

CaseChat Overview and Summary

In the matter of *Masih & El Saeid*, heard by Harper J, the applicant father sought to abandon his parenting application after prolonged proceedings. These proceedings had included a final hearing and a successful appeal, with interim orders in place since 2012. While all parties acknowledged that the father was not spending time with the children as stipulated in the interim orders, they nonetheless consented to these orders being made final.

The court was required to determine whether to make the existing interim parenting orders final, despite the father's application to abandon his parenting case and the acknowledged non-compliance with the terms of those interim orders. The court also considered the dismissal of a contravention application filed by the father and the discharge of the Independent Children’s Lawyer.

Harper J made orders by consent. The interim orders from 17 September 2012 were made final. The father's application to contravene the orders was dismissed, and the Independent Children’s Lawyer was discharged. The parties were referred for a conciliation conference, with detailed directions given regarding disclosure, the preparation of a joint balance sheet, and the exchange of financial information and contentions concerning property division and spousal maintenance adjustments. The court also directed the parties and their legal representatives to attend court one hour prior to the conciliation conference for negotiations.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Appeal

  • Remedies

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Cases Citing This Decision

1

Masih & El Saeid (No 2) [2023] FedCFamC1F 939
Cases Cited

0

Statutory Material Cited

1