Orbach and Schroder

Case

[2014] FCCA 3056

10 December 2014


Details
AGLC Case Decision Date
Orbach and Schroder [2014] FCCA 3056 [2014] FCCA 3056 10 December 2014

CaseChat Overview and Summary

In the matter of *Orbach and Schroder*, heard by Judge Harman, the dispute concerned contravention applications filed on various dates between September 2013 and September 2014, alongside an initiating application filed in December 2014. The specific nature of the contraventions and the initiating application are not detailed, but the context suggests family law proceedings.

The court was required to determine the appropriate course of action for the proceedings, including whether to appoint an Independent Children’s Lawyer, and where the proceedings should be heard. The court also needed to consider the transfer of the matter to a different registry.

Judge Harman ordered that the hearing scheduled for 30 September 2015 be vacated. Pursuant to section 68L of the relevant legislation, an Independent Children’s Lawyer was appointed, with the specific reasons and ancillary orders detailed in Exhibit A. Furthermore, the court ordered the transfer of the proceedings and all extant applications to the Newcastle Registry of the Federal Circuit Court of Australia. The matter was then listed for mention on 3 February 2015, and the reasons for today's decision were to be forwarded to the Federal Circuit Court to assist the judge assigned to the case.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

  • Costs

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Cases Citing This Decision

1

Cases Cited

1

Statutory Material Cited

5

R & R: Children's Wishes [2000] FamCA 43