Tanner and Tanner

Case

[2007] FamCA 1495

27 November 2007


Details
AGLC Case Decision Date
Tanner and Tanner [2007] FamCA 1495 [2007] FamCA 1495 27 November 2007

CaseChat Overview and Summary

In the matter of *Tanner and Tanner*, Brown J of the Federal Circuit and Family Court of Australia made orders by consent concerning parenting arrangements. The dispute, which had led to extant applications for parenting orders, was resolved through agreed Minutes of Proposed Parenting Orders.

The court was required to determine the final parenting orders to be made by consent and to dismiss all outstanding applications related to parenting orders. Additionally, the court needed to address the discharge of the independent children’s lawyer and the provision of information to the parties regarding their obligations and the consequences of contravening the orders.

Brown J applied the principles of the *Family Law Act 1975*, specifically sections 62B and 65DA(2), to ensure the parties were informed of the particulars of their obligations and the potential consequences of contravention. The court also noted that the matter reasonably required the attendance of solicitors appearing as counsel, pursuant to Rule 19.50 of the *Family Law Rules 2004*.

By consent, the court ordered that the Minutes of Proposed Parenting Orders be sealed and attached to the court file, and that all extant applications for parenting orders be dismissed. The independent children’s lawyer was discharged forthwith. The court also directed that a Family Law Courts Fact Sheet, detailing obligations, consequences of contravention, and assistance resources, be annexed to the orders. Reasons for judgment were to be transcribed and made available to the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Remedies

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