Sorrel and Cutten
Case
•
[2017] FamCA 838
•20 October 2017
Details
AGLC
Case
Decision Date
Sorrel and Cutten [2017] FamCA 838
[2017] FamCA 838
20 October 2017
CaseChat Overview and Summary
In the matter of *Sorrel and Cutten*, Cronin J of the Federal Circuit Court of Australia considered an application concerning parenting orders for a child. The dispute involved the father's initiating application filed on 8 September 2017 and the mother's response filed on 3 October 2017, alongside an oral application by the mother on 18 October 2017 for variation of existing interim orders.
The court was required to determine several issues, including the readiness of the parties for trial, the discharge or amendment of specific interim orders made on 24 August 2017 and 18 August 2014, and the mother's application to vary paragraphs (1) and (2) of the 24 August 2017 orders. The court also had to consider arrangements for the child's upcoming school holidays and the allocation of costs.
Cronin J discharged certain interim orders relating to the child's passport and birth certificate, directing their return to the father. The court also amended an earlier order to grant the father sole parental responsibility for decisions concerning the child's education until further order. The mother's oral application to vary existing orders was dismissed. The court adjourned the main application for a directions hearing to assess trial readiness and granted leave for the parties to file minutes of consent orders regarding future school holidays. The mother was ordered to pay the father's costs, fixed at $3850, while the costs of the Independent Children's Lawyer for a specific hearing were reserved for trial. Finally, the court included a fact sheet detailing the obligations and consequences of the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.
The court was required to determine several issues, including the readiness of the parties for trial, the discharge or amendment of specific interim orders made on 24 August 2017 and 18 August 2014, and the mother's application to vary paragraphs (1) and (2) of the 24 August 2017 orders. The court also had to consider arrangements for the child's upcoming school holidays and the allocation of costs.
Cronin J discharged certain interim orders relating to the child's passport and birth certificate, directing their return to the father. The court also amended an earlier order to grant the father sole parental responsibility for decisions concerning the child's education until further order. The mother's oral application to vary existing orders was dismissed. The court adjourned the main application for a directions hearing to assess trial readiness and granted leave for the parties to file minutes of consent orders regarding future school holidays. The mother was ordered to pay the father's costs, fixed at $3850, while the costs of the Independent Children's Lawyer for a specific hearing were reserved for trial. Finally, the court included a fact sheet detailing the obligations and consequences of the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Remedies
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Sorrel and Cutten [2017] FamCA 838
Most Recent Citation
Sorrel and Cutten [2018] FamCA 291
Cases Cited
2
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
Fox v Percy
[2003] HCA 22
Fox v Percy
[2003] HCA 22