Sally and Evers

Case

[2009] FamCA 1383

19 March 2009


Details
AGLC Case Decision Date
Sally and Evers [2009] FamCA 1383 [2009] FamCA 1383 19 March 2009

CaseChat Overview and Summary

In the matter of *Sally and Evers*, heard before Justice Ryan, the proceedings concerned an application by the mother, Ms Evers, and the court's subsequent orders regarding her continued participation and conduct within the proceedings.

The court was required to determine the appropriate course of action concerning Ms Evers' capacity to continue the proceedings and to manage her communications with third parties, particularly in relation to allegations made against the father and his family.

Justice Ryan ordered the appointment of a Case Guardian to act on behalf of Ms Evers, requesting the Attorney-General nominate a suitable individual for this role. Pending further order, Ms Evers is prohibited from taking any further steps in the proceedings except through her appointed Case Guardian. Furthermore, Ms Evers is restrained from sending letters containing allegations of misconduct by the father or his family to the father's neighbours, family members, and community. This restraint does not preclude her from communicating legitimate concerns about the father to appropriate investigative agencies.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Standing

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