PAVONE & MCNEILL

Case

[2018] FCCA 2849

12 October 2018


Details
AGLC Case Decision Date
PAVONE & MCNEILL [2018] FCCA 2849 [2018] FCCA 2849 12 October 2018

CaseChat Overview and Summary

The parties, Pavone and McNeill, were before the court concerning interim parenting orders. The dispute involved an assessment of risk, leading to the making of an order under section 91B of the *Family Law Act 1975* (Cth), which necessitated the transfer of the proceedings to the Family Court of Australia.

The primary legal issue before the court was to determine whether the circumstances warranted the making of an order under section 91B of the *Family Law Act 1975* (Cth). This section allows for the transfer of proceedings to the Family Court where it is satisfied that it is in the best interests of the child to do so, often in situations involving allegations of risk.

Altobelli J considered the evidence presented regarding the safety and welfare of the child. The court applied the principles enshrined in section 91B, focusing on the paramountcy of the child's best interests and the need to address any identified risks. Having been satisfied that the criteria under section 91B were met, the court proceeded to make the necessary order for the transfer of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346