Noonan and Noonan
Case
•
[2014] FCCA 1262
•23 June 2014
Details
AGLC
Case
Decision Date
Noonan and Noonan [2014] FCCA 1262
[2014] FCCA 1262
23 June 2014
CaseChat Overview and Summary
In *Noonan and Noonan*, heard before Judge F. Turner, the wife had raised an objection pursuant to *Rice and Asplund*. The primary dispute concerned arrangements for the parties' two children, born in 2004 and 2006.
The court was required to determine the wife's objection and, in light of the ongoing dispute regarding the children, to make orders for the preparation of a Family Report. The court also needed to set a timetable for the filing of evidence and submissions, and to fix a date for the final hearing of the matter.
The court dismissed the wife's objection. It then ordered that the parties and their children attend upon a Family Consultant for the preparation of a Family Report, to be provided to the court by a specified date. This report was to address the children's wishes, factors affecting the weight of those wishes, matters under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters the consultant deemed important for the children's welfare. The parties were directed to comply with the consultant's directions, and the consultant was granted leave to inspect subpoenaed material. The matter was subsequently fixed for a final hearing, with detailed requirements for the filing of affidavits, other material, and Case Outlines by the parties. The court also noted the particulars of obligations and consequences of non-compliance with its orders, and the potential for procedural sanctions.
The court was required to determine the wife's objection and, in light of the ongoing dispute regarding the children, to make orders for the preparation of a Family Report. The court also needed to set a timetable for the filing of evidence and submissions, and to fix a date for the final hearing of the matter.
The court dismissed the wife's objection. It then ordered that the parties and their children attend upon a Family Consultant for the preparation of a Family Report, to be provided to the court by a specified date. This report was to address the children's wishes, factors affecting the weight of those wishes, matters under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters the consultant deemed important for the children's welfare. The parties were directed to comply with the consultant's directions, and the consultant was granted leave to inspect subpoenaed material. The matter was subsequently fixed for a final hearing, with detailed requirements for the filing of affidavits, other material, and Case Outlines by the parties. The court also noted the particulars of obligations and consequences of non-compliance with its orders, and the potential for procedural sanctions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Remedies
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Statutory Construction
Actions
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Citations
Noonan and Noonan [2014] FCCA 1262
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Marsden & Winch
[2009] FamCAFC 152
Miller v Harrington
[2008] FamCAFC 150
Cortes & Cabrera
[2007] FMCAfam 293