Maubert and Botzaris
Case
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[2009] FamCA 230
•16 March 2009
Details
AGLC
Case
Decision Date
Maubert and Botzaris [2009] FamCA 230
[2009] FamCA 230
16 March 2009
CaseChat Overview and Summary
In the matter of *Maubert and Botzaris*, Brown J considered applications filed by both the mother and the father concerning parenting orders and alleged contraventions. The proceedings involved a child, S, born in September 2001.
The court was required to determine whether to appoint an independent children's lawyer to represent the interests of the child S, and to manage the various applications and responses filed by the parties, including those alleging contravention of parenting orders. The court also needed to consider the procedural steps necessary to advance the case, including the filing and service of further evidence.
Brown J ordered that an independent children's lawyer be appointed to represent the interests of the child S, requesting Victoria Legal Aid to arrange this representation and suggesting the former independent children's lawyer be considered. The court directed that the appointed lawyer file a Notice of Address for Service promptly and that the parties' solicitors provide all relevant documents to the independent children's lawyer within 48 hours of notification of their appointment. Several applications, including the mother's initiating application and contravention application, and the father's response and contravention application, were adjourned to 21 April 2009. The parties were ordered to file and serve any additional affidavits no later than seven days prior to the adjourned date. The court also noted that the father was granted leave to file a response to an application in a case, a contravention application, and affidavits from himself and his fiancé. Costs were reserved, and the preparation of the orders was to be expedited.
The court was required to determine whether to appoint an independent children's lawyer to represent the interests of the child S, and to manage the various applications and responses filed by the parties, including those alleging contravention of parenting orders. The court also needed to consider the procedural steps necessary to advance the case, including the filing and service of further evidence.
Brown J ordered that an independent children's lawyer be appointed to represent the interests of the child S, requesting Victoria Legal Aid to arrange this representation and suggesting the former independent children's lawyer be considered. The court directed that the appointed lawyer file a Notice of Address for Service promptly and that the parties' solicitors provide all relevant documents to the independent children's lawyer within 48 hours of notification of their appointment. Several applications, including the mother's initiating application and contravention application, and the father's response and contravention application, were adjourned to 21 April 2009. The parties were ordered to file and serve any additional affidavits no later than seven days prior to the adjourned date. The court also noted that the father was granted leave to file a response to an application in a case, a contravention application, and affidavits from himself and his fiancé. Costs were reserved, and the preparation of the orders was to be expedited.
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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Costs
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Procedural Fairness
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Jurisdiction
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Remedies
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Standing
Actions
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Citations
Maubert and Botzaris [2009] FamCA 230
Cases Citing This Decision
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Statutory Material Cited
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