Morris and Herman
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Standing
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Judicial Review
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Citations
Morris and Herman [2015] FamCA 1112
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