Morris and Herman

Case

[2015] FamCA 1112

8 December 2015


Details
AGLC Case Decision Date
Morris and Herman [2015] FamCA 1112 [2015] FamCA 1112 8 December 2015

CaseChat Overview and Summary

In the Family Court of Australia, Hannam J considered an application by Mr Morris concerning the location of a child, B, and Ms Herman. The applicant sought interim orders, including the disclosure of information by Centrelink regarding the location of the child or Ms Herman.

The primary legal issue before the court was whether to grant leave to proceed ex parte and, crucially, whether to order Centrelink to furnish information about the location of the child or Ms Herman pursuant to section 67N(2) of the *Family Law Act 1975* (Cth). The court also had to determine the appropriate course for the remainder of the application for interim orders.

Hannam J granted the applicant leave to proceed ex parte. The court ordered Centrelink to forthwith provide information concerning the location of the child B or Ms Herman, as contained within Centrelink's records, to the Family Court at Parramatta. The application for interim orders was otherwise dismissed. The matter was to be relisted before a Registrar upon receipt of the Centrelink information to facilitate further orders regarding service of the application, with specific directions for service on the respondent by mobile message.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Judicial Review

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