Talent and Anor and Steiner and Ors

Case

[2007] FamCA 1535

26 July 2007


Details
AGLC Case Decision Date
Talent and Anor and Steiner and Ors [2007] FamCA 1535 [2007] FamCA 1535 26 July 2007

CaseChat Overview and Summary

This matter concerned an application before Judicial Registrar Loughnan concerning the welfare of two children, B and L. The applicants, Mrs Talent and Mr Talent, sought orders for the children to spend time with them. The respondent, Mrs Bale, was the children's mother, and other parties included Mrs Egan and Ms K Morrison, and a Mr D appointed as a single expert.

The court was required to determine the specific arrangements for the children to spend time with the applicants and other named individuals, including the duration, frequency, and location of such time. Further issues included the children's primary residence, the arrangements for handovers, and communication between the children and the parties. The court also addressed the appointment of a single expert, the costs associated with that expert, and the venue for the proceedings. Additionally, the court made orders restraining parties from discussing sensitive matters with one of the children.

Judicial Registrar Loughnan made orders by consent and in default of agreement regarding the children's time with the applicants and Mrs Egan/Ms K Morrison, specifying conditions for visits in Northern New South Wales and Sydney. The children were to otherwise live with Mrs Bale. Handover arrangements were stipulated to occur outside a police station. The court also ordered that the parties bear the costs of the single expert equally, with a provision for seeking remission from Legal Aid. The venue of the proceedings was changed to Lismore, reflecting the location of most parties and witnesses. The court also issued restraining orders preventing discussion of the mother's death or the father's incarceration with child B.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Injunction

  • Consent

  • Remedies

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