Masters & Anor and Harris

Case

[2017] FamCA 450

28 June 2017


Details
AGLC Case Decision Date
Masters & Anor and Harris [2017] FamCA 450 [2017] FamCA 450 28 June 2017

CaseChat Overview and Summary

In the matter of *Masters & Anor and Harris*, heard before Johns J of the Family Court of Australia, the applicants sought orders concerning their children, C and D. The proceedings involved an application to dispense with service on the first-named respondent, leave to withdraw an application for a declaration as to parentage, and ultimately, orders for equal shared parental responsibility and the children to live with the applicants.

The court was required to determine whether to dispense with service on the first-named respondent, grant the applicants leave to withdraw their parentage declaration application, and make final orders regarding parental responsibility and the children's residence. Additionally, the court considered the discharge of an Independent Children's Lawyer and the dismissal of extant applications.

Johns J ordered that service on the first-named respondent be dispensed with pursuant to Rule 7.18 of the Family Law Rules. Leave was granted for the applicants to withdraw their application for a declaration as to parentage. The court then made orders for equal shared parental responsibility for the children, C and D, and that the children live with the first and second-named applicants. The appointment of the Independent Children's Lawyer was discharged, and all other extant applications were dismissed. The court also included particulars of obligations, consequences of contravention, and assistance details in a Fact Sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Standing

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Cases Citing This Decision

1

Cases Cited

4

Statutory Material Cited

2

Fisher-Oakley & Kittur [2014] FamCA 123