NARKIS & NARKIS

Case

[2015] FamCA 222

12 March 2015


Details
AGLC Case Decision Date
NARKIS & NARKIS [2015] FamCA 222 [2015] FamCA 222 12 March 2015

CaseChat Overview and Summary

This matter came before Johns J concerning orders made by consent between the wife and the husband, and also by order of the court. The dispute involved various procedural matters, including the valuation of assets, the scheduling of a conciliation conference, the signing of agreements and documents related to health services, the provision of information to an Independent Children's Lawyer, and the adjournment of a contravention application. Additionally, the court addressed the process for obtaining a passport for the child E, including its holding by the Independent Children's Lawyer and conditions for overseas travel.

The court was required to determine the terms of consent orders to facilitate compliance with previous orders, specifically regarding the valuation of interests and the process for instructing valuers. It also needed to decide on the vacation and rescheduling of a conciliation conference, and the execution of documents for health services and passport applications. Further issues included the provision of a questionnaire to the Independent Children's Lawyer, the adjournment of the husband's contravention application, and the dismissal of the wife's application in a case. The court also had to consider the conditions for overseas travel by the child and the return of the passport, as well as the wife's costs in relation to the Independent Children's Lawyer.

The court made orders by consent on several matters, including the process for appointing valuers, vacating and rescheduling the conciliation conference, and the signing of client service agreements and other necessary documents for health services. It also ordered the wife to provide a completed questionnaire to the Independent Children's Lawyer. The husband's contravention application was adjourned. Significant orders were made by consent regarding the passport application for the child E, including the requirement for both parties to sign the application, the passport to be held by the Independent Children's Lawyer, and detailed notification requirements for overseas travel. The wife's application in a case was dismissed. The court also ordered the wife to pay the costs of the Independent Children's Lawyer, with a stay on payment until the conclusion of property applications.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Stay of Proceedings

  • Procedural Fairness

  • Remedies

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