Richard and Briar

Case

[2008] FamCA 82

19 February 2008


Details
AGLC Case Decision Date
Richard and Briar [2008] FamCA 82 [2008] FamCA 82 19 February 2008

CaseChat Overview and Summary

In the Family Court of Australia, before Carter J, the husband sought orders in relation to a child born in January 2002. The proceedings involved an application concerning the child, with the respondent wife not present or represented.

The court was required to determine whether to grant a Location Order under s 67J(1)(a) of the *Family Law Act 1975* to ascertain the whereabouts of the child. The husband also sought leave to disclose information obtained under such an order, and sought to restrain the disclosure of that information to himself.

Carter J made a Location Order, requiring various individuals and entities, including Mr S, Ms J, Mr L, Ms H, and the Departments of Education in Victoria and Tasmania, to provide information regarding the child's location to the Registry Manager. The court abridged time to allow for these orders to be made without notice to the respondent wife. Leave was granted under s 67P(1)(d) of the *Family Law Act 1975* to disclose information received to the husband's solicitors and a process server for the purpose of serving documents on the mother. Crucially, the husband's solicitors were restrained from divulging the child's and mother's whereabouts to the husband upon receipt of that information. The further hearing of the husband's amended application was adjourned, with liberty to renew certain aspects of the application.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Injunction

  • Procedural Fairness

  • Remedies

  • Costs

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