SCEPETTI & SCEPETTI

Case

[2012] FamCA 372

27 June 2012


Details
AGLC Case Decision Date
SCEPETTI & SCEPETTI [2012] FamCA 372 [2012] FamCA 372 27 June 2012

CaseChat Overview and Summary

In *Scipetti & Scipetti*, Collier J of the Family Court of Australia considered an application by the mother seeking an injunction to prevent the child, L, born in September 1995, from attending B Special School. The father sought to have the child attend this school.

The central legal issue before the court was whether to grant the injunction sought by the mother, which would have effectively prevented the child from attending B Special School, or to dismiss her application and permit the father to enrol the child in that school.

Collier J refused the mother's application for an injunction, thereby dismissing her case. The court reasoned that the father should be permitted to have the subject child attend B Special School. However, the father was restrained from presenting the child to the school until the commencement of face-to-face teaching in Term 3 of 2012.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Standing

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