Nardos and Madera

Case

[2018] FCCA 2607

21 August 2018


Details
AGLC Case Decision Date
Nardos and Madera [2018] FCCA 2607 [2018] FCCA 2607 21 August 2018

CaseChat Overview and Summary

In the matter of *Nardos and Madera*, heard before Judge Young, the dispute concerned parenting arrangements for two children, [X] born in 2006 and [Y] born in 2008. The specific nature of the dispute regarding the children's welfare or living arrangements is not detailed in the provided text, but the court's orders indicate a need for professional assessment and further deliberation.

The primary legal issue before the court was to determine the appropriate course of action to facilitate a resolution concerning the children's best interests. This involved considering the need for expert input from a Family Consultant to assist the parties and the children in addressing the issues in dispute. The court was also required to consider the implications of non-compliance with any orders made regarding the Family Consultant's involvement.

Judge Young ordered that pursuant to s.11F of the *Family Law Act 1975*, the parties and the children were to attend a reportable child-inclusive conference with a Family Consultant. The court emphasised the mandatory nature of this attendance and the potential consequences of non-compliance under s.11G of the Act, which mandates the Family Consultant to report any failure to attend or comply with instructions to the Court, potentially leading to further orders. The matter was subsequently adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Jurisdiction

  • Statutory Construction

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