PARKMORE & MIGLIO

Case

[2020] FCCA 3568

22 December 2020


Details
AGLC Case Decision Date
PARKMORE & MIGLIO [2020] FCCA 3568 [2020] FCCA 3568 22 December 2020

CaseChat Overview and Summary

In the matter of Parkmore & Miglio, the applicant sought orders from Judge Young of the Federal Circuit Court of Australia. The dispute concerned parenting arrangements for the children, X and Y.

The court was required to determine several legal issues, including the need for the parties to attend a child inclusive conference with a Family Consultant, the provision of documents by Territory Families concerning abuse allegations, and the future conduct of the litigation, particularly regarding interim parenting orders. The court also noted the applicant's obligation to consider section 60I of the Family Law Act 1975 concerning mediation requirements.

The court ordered that the respondent file and serve relevant documents within 21 days. Crucially, pursuant to s.11F of the Family Law Act 1975, the parties and the children were directed to attend a reportable child inclusive conference with a Family Consultant on 15 April 2020, with specific instructions for confirming attendance and noting the Family Consultant's discretion. Following this, the Family Consultant was to provide advice to the Court on agreed issues, disputed issues, and recommendations for interim or procedural orders. Furthermore, Territory Families was ordered, under s.69ZW of the Family Law Act 1975, to provide specific documents and information relating to any abuse allegations concerning the children. The court also stipulated that no further subpoenas were to be served on Territory Families without leave.

The matter was adjourned to 5 May 2021 for an interim hearing concerning the children's living arrangements and time spent with each parent.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Discovery

  • Injunction

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2