Riccardi and Riccardi
Case
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[2016] FamCA 1057
•9 November 2016
Details
AGLC
Case
Decision Date
Riccardi and Riccardi [2016] FamCA 1057
[2016] FamCA 1057
9 November 2016
CaseChat Overview and Summary
In the matter of *Riccardi and Riccardi*, Bennett J of the Family Court of Australia considered an application by the father alleging contravention of court orders. The father's contravention application was dismissed.
The court was required to determine the appropriate future conduct of the proceedings, including the representation of the children and the preparation of a family report. The court also considered whether to grant an injunction restraining the parties from making complaints about social science experts.
Bennett J ordered that the interests of the children, B and C, be independently represented by a lawyer, with Victoria Legal Aid requested to arrange this appointment. The independent children's lawyer was directed to file a Notice of Address for Service, and the parties' solicitors were to provide all relevant documents to the independent children's lawyer within 48 hours of their appointment. Crucially, an injunction was granted restraining the parties from making complaints to professional bodies concerning social science experts or their reports without leave of the court, with this injunction to remain in force after the proceedings concluded. Furthermore, a full family report was ordered to be prepared, addressing the children's views, matters under section 60CC of the *Family Law Act 1975*, the parents' capacity to cooperate, observations of parents with children, and recommendations for resolution in the children's best interests. The family consultant was authorised to refer to all filed documents, subpoenaed documents, and documents provided by the independent children's lawyer. The parties were also directed to facilitate the participation of the adult child, D, and the paternal grandfather in the preparation of the family report as deemed appropriate by the family consultant.
The court was required to determine the appropriate future conduct of the proceedings, including the representation of the children and the preparation of a family report. The court also considered whether to grant an injunction restraining the parties from making complaints about social science experts.
Bennett J ordered that the interests of the children, B and C, be independently represented by a lawyer, with Victoria Legal Aid requested to arrange this appointment. The independent children's lawyer was directed to file a Notice of Address for Service, and the parties' solicitors were to provide all relevant documents to the independent children's lawyer within 48 hours of their appointment. Crucially, an injunction was granted restraining the parties from making complaints to professional bodies concerning social science experts or their reports without leave of the court, with this injunction to remain in force after the proceedings concluded. Furthermore, a full family report was ordered to be prepared, addressing the children's views, matters under section 60CC of the *Family Law Act 1975*, the parents' capacity to cooperate, observations of parents with children, and recommendations for resolution in the children's best interests. The family consultant was authorised to refer to all filed documents, subpoenaed documents, and documents provided by the independent children's lawyer. The parties were also directed to facilitate the participation of the adult child, D, and the paternal grandfather in the preparation of the family report as deemed appropriate by the family consultant.
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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Injunction
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Procedural Fairness
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Costs
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Remedies
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Standing
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Judicial Review
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Citations
Riccardi and Riccardi [2016] FamCA 1057
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