Sinclair-Small and Sinclair

Case

[2009] FamCA 1208

8 September 2009


Details
AGLC Case Decision Date
Sinclair-Small and Sinclair [2009] FamCA 1208 [2009] FamCA 1208 8 September 2009

CaseChat Overview and Summary

In the matter of *Sinclair-Small and Sinclair*, Strickland J of the Family Court of Australia considered a dispute between a mother and a father concerning their children. The proceedings involved an application to set aside subpoenas issued by the father.

The primary legal issue before the Court was whether the subpoenas issued by the father on 21 August 2009 should be set aside. The Court also considered the appropriate course of action regarding counselling for the children.

Strickland J ordered that the two subpoenas issued by the father be set aside, uplifted, and returned to his solicitor. The Court also made orders regarding the mother arranging general counselling for the children with a therapist recommended by the Independent Children’s Lawyer, based on the advice and report of Dr L, a Family Consultant. It was anticipated that Dr L would report back to the Court on the progress of the counselling and any recommendations. The case was adjourned part heard to 16 November 2009.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Discovery

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