ROACH & ROACH

Case

[2014] FamCA 719

21 August 2014


Details
AGLC Case Decision Date
ROACH & ROACH [2014] FamCA 719 [2014] FamCA 719 21 August 2014

CaseChat Overview and Summary

In the matter of ROACH & ROACH, Bennett J of the Family Court of Australia considered issues arising from family law proceedings involving the parents and their child, C. The proceedings concerned the funding of psychiatric assessments for both parents and the preparation of a report by a paediatrician regarding the child's condition.

The court was required to determine the steps necessary to facilitate psychiatric assessments of the mother and father, including the process for obtaining funding from Victoria Legal Aid. Additionally, the court needed to direct the preparation of a paediatrician's report detailing the child's current medical conditions and prognosis, and to establish a framework for the exchange and provision of relevant documents to the assessing psychiatrist.

Bennett J ordered an adjournment for mention on 9 September 2014, directing the independent children's lawyer to inform the parties of progress regarding funding for the psychiatric assessments. The wife was ordered to file an affidavit from a medical professional explaining her absence from a prior court mention and her condition. The independent children's lawyer was tasked with requesting a report from a paediatrician concerning the child and with making enquiries and applications to Victoria Legal Aid for funding of the parents' psychiatric assessments. The parents were directed to cooperate with providing financial information for the funding application. The court also specified a comprehensive list of documents to be provided to the assessing psychiatrist, including previous reports and the court's reasons for decision, and established a process for objecting to or adding to this list. The issue of further assessment by a family consultant was reserved for the adjourned date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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