Reisner and Reisner

Case

[2009] FamCA 258

18 March 2009


Details
AGLC Case Decision Date
Reisner and Reisner [2009] FamCA 258 [2009] FamCA 258 18 March 2009

CaseChat Overview and Summary

In the matter of *Reisner and Reisner*, heard before Barry J of the Family Court of Australia, the dispute concerned parenting orders relating to a child born in October 2002. The proceedings involved the father and the paternal grandfather, Mr Reisner Snr, with the court considering the discharge of an existing injunction and the imposition of new orders regarding contact between the child and the paternal grandfather.

The court was required to determine whether to discharge the injunction previously made by Federal Magistrate Baumann on 31 July 2007. Furthermore, the court had to consider and make orders regarding the father's obligations to prevent direct or indirect contact between the child and the paternal grandfather, including an obligation to use his best endeavours to ensure no other person facilitates such contact. The court also addressed the issuing of a subpoena for records relating to Mr Reisner Snr and the inspection of subpoenaed material.

Barry J ordered the discharge of the injunction from 31 July 2007. The court further ordered that the father was prohibited from bringing the child into direct or indirect contact with the paternal grandfather, Mr Reisner Snr, and was to use his best endeavours to ensure no other person brought the child into such contact. The notice of objection to a subpoena for records relating to Mr Reisner Snr was dismissed, and leave was granted for parties to inspect subpoenaed material, with specific rights to copy granted to the Independent Children’s Lawyer. The proceedings were adjourned for a case management review.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Discovery

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0