SHEPHERD & STEVENSON
Case
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[2013] FCCA 110
•24 April 2013
Details
AGLC
Case
Decision Date
Shepherd and Stevenson [2013] FCCA 110
[2013] FCCA 110
24 April 2013
CaseChat Overview and Summary
In the matter of Shepherd & Stevenson, heard by Judge Kemp, the dispute concerned ongoing counselling for three children, X, Y, and Z. The court was asked to determine whether further orders for ongoing counselling for the children were necessary, beyond those previously made on 14 March 2013.
The central legal issue before the court was the extent to which it should continue to order counselling services for the children, given their ages and the existing court orders. The court was required to consider the best interests of the children in making this determination.
Judge Kemp reasoned that, subject to the existing orders of 14 March 2013, no further orders for ongoing counselling would be made. However, the parties were directed to encourage the children's engagement with Unifam if Unifam advised in writing that such engagement was required. The court also ordered that a copy of its orders and reasons be provided to Unifam, and that there be no order as to costs between the father and the Independent Children's Lawyer. The matter was subsequently removed from the active pending cases list.
The central legal issue before the court was the extent to which it should continue to order counselling services for the children, given their ages and the existing court orders. The court was required to consider the best interests of the children in making this determination.
Judge Kemp reasoned that, subject to the existing orders of 14 March 2013, no further orders for ongoing counselling would be made. However, the parties were directed to encourage the children's engagement with Unifam if Unifam advised in writing that such engagement was required. The court also ordered that a copy of its orders and reasons be provided to Unifam, and that there be no order as to costs between the father and the Independent Children's Lawyer. The matter was subsequently removed from the active pending cases list.
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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Costs
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Remedies
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Procedural Fairness
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Citations
Shepherd and Stevenson [2013] FCCA 110
Most Recent Citation
Stevenson and Shepherd [2015] FCCA 1306