PASCOE & O’KEEFE
Case
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[2019] FamCA 268
•1 May 2019
Details
AGLC
Case
Decision Date
PASCOE & O’KEEFE [2019] FamCA 268
[2019] FamCA 268
1 May 2019
CaseChat Overview and Summary
In the Family Court of Australia, before Gill J, the proceedings concerned allegations of child abuse and the welfare of a child, D. The dispute involved the father's application to suspend final orders concerning D's time with her mother.
The court was required to determine whether to grant the father's application for the suspension of final orders regarding D's time with her mother, and to consider the appointment of an Independent Children's Lawyer (ICL) for D.
Gill J ordered that the proceedings be adjourned for an interim hearing. The father was directed to file an application and consolidated affidavits if he intended to pursue the suspension of final orders concerning D's time with her mother. The mother was to file her response and affidavit material. Crucially, pursuant to s 68L of the *Family Law Act 1975*, an Independent Children's Lawyer was appointed for D, with a request made to the Legal Aid Commission of the Australian Capital Territory to provide this representation. The parties were ordered to provide all filed documents to the Legal Aid Commission forthwith. Leave was granted to the ICL to issue subpoenas, have photocopy access to subpoenaed documents, and to re-list the matter on short notice if circumstances warranted.
The court was required to determine whether to grant the father's application for the suspension of final orders regarding D's time with her mother, and to consider the appointment of an Independent Children's Lawyer (ICL) for D.
Gill J ordered that the proceedings be adjourned for an interim hearing. The father was directed to file an application and consolidated affidavits if he intended to pursue the suspension of final orders concerning D's time with her mother. The mother was to file her response and affidavit material. Crucially, pursuant to s 68L of the *Family Law Act 1975*, an Independent Children's Lawyer was appointed for D, with a request made to the Legal Aid Commission of the Australian Capital Territory to provide this representation. The parties were ordered to provide all filed documents to the Legal Aid Commission forthwith. Leave was granted to the ICL to issue subpoenas, have photocopy access to subpoenaed documents, and to re-list the matter on short notice if circumstances warranted.
Details
Key Legal Topics
Areas of Law
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Family Law
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Evidence
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Discovery
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Standing
Actions
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Citations
PASCOE & O’KEEFE [2019] FamCA 268
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