Osland and Rankin
Case
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[2007] FamCA 1728
•18 June 2007
Details
AGLC
Case
Decision Date
Osland and Rankin [2007] FamCA 1728
[2007] FamCA 1728
18 June 2007
CaseChat Overview and Summary
In the matter of *Osland and Rankin*, heard by Mushin J, the dispute concerned final applications relating to children. The specific nature of the dispute between the parties, Osland and Rankin, is not detailed beyond the context of final applications concerning children.
The court was required to determine the representation of the children, B and R, in the proceedings. Specifically, the court considered whether an Independent Children’s Lawyer should be appointed for the children and, if so, how that appointment should be facilitated and what the immediate procedural steps should be following such an appointment. The court also addressed the scheduling of final applications and the disposition of interim applications.
Mushin J ordered that an Independent Children’s Lawyer be appointed for the children, B and R, pursuant to section 68L of the *Family Law Act 1975*. Victoria Legal Aid was requested to arrange this separate representation. The court further directed that upon appointment, the Independent Children’s Lawyer file a Notice of Address for Service and that within 48 hours of notification of the appointment, both parties and their legal representatives provide copies of all relevant documents to the Independent Children’s Lawyer. All interim applications were dismissed, and final applications were given priority for a first day LAT hearing on 19 September 2007. Questions of costs were reserved, and general liberty to apply was granted to both parties. The court also certified that the matter reasonably required the attendance of counsel.
The court was required to determine the representation of the children, B and R, in the proceedings. Specifically, the court considered whether an Independent Children’s Lawyer should be appointed for the children and, if so, how that appointment should be facilitated and what the immediate procedural steps should be following such an appointment. The court also addressed the scheduling of final applications and the disposition of interim applications.
Mushin J ordered that an Independent Children’s Lawyer be appointed for the children, B and R, pursuant to section 68L of the *Family Law Act 1975*. Victoria Legal Aid was requested to arrange this separate representation. The court further directed that upon appointment, the Independent Children’s Lawyer file a Notice of Address for Service and that within 48 hours of notification of the appointment, both parties and their legal representatives provide copies of all relevant documents to the Independent Children’s Lawyer. All interim applications were dismissed, and final applications were given priority for a first day LAT hearing on 19 September 2007. Questions of costs were reserved, and general liberty to apply was granted to both parties. The court also certified that the matter reasonably required the attendance of counsel.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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Remedies
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Standing
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Citations
Osland and Rankin [2007] FamCA 1728
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