Short and Trevilian (No. 8)

Case

[2008] FamCA 921

20 October 2008


Details
AGLC Case Decision Date
Short and Trevilian (No. 8) [2008] FamCA 921 [2008] FamCA 921 20 October 2008

CaseChat Overview and Summary

In *Short and Trevilian (No. 8)*, Dawe J of the Family Court of Australia considered an application concerning the schooling arrangements for a child, V. The dispute arose between the parents, referred to as P and the husband, regarding V's enrolment at different educational institutions for the upcoming academic year.

The court was required to determine whether to grant the mother permission to enrol V at U High School for 2009, notwithstanding existing injunction orders. Additionally, the court needed to address the parties' respective rights and obligations concerning V's potential enrolment at R College for the same year.

Dawe J's reasoning focused on the immediate welfare of the child and the need for clarity regarding V's schooling. The court acknowledged the husband's undertaking to pay the first two semesters' fees for V at R College should V wish to attend in 2009. Consequently, the court granted the mother permission to enrol V at U High School, while simultaneously issuing an injunction restraining both parties from altering V's enrolment at R College for 2009, pending further orders from the trial judge.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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