Tasman & Tisdall (No. 2)

Case

[2008] FamCA 793

28 February 2008


Details
AGLC Case Decision Date
Tasman & Tisdall (No. 2) [2008] FamCA 793 [2008] FamCA 793 28 February 2008

CaseChat Overview and Summary

In *Tasman & Tisdall (No. 2)*, Dawe J considered applications by the father and mother concerning their children, C and M. The proceedings involved the paternal grandfather, who sought to continue his role in relation to child C and was a respondent. The father had made an oral application seeking a recovery order, and the mother had applied to transfer the matter to the Federal Magistrates Court.

The court was required to determine several legal issues, including whether to make interim orders regarding the children, the suitability of transferring the matter to the Federal Magistrates Court given its complexity, and the procedural steps necessary for the preparation of a family assessment report. The court also considered the role of the paternal grandfather in the proceedings and the need for specific medical examinations for child C.

Dawe J declined to make interim orders at that stage, finding the matter too complex for transfer to the Federal Magistrates Court. The court directed that a fresh family assessment be carried out, involving all parties and potentially the paternal grandfather, with the report to be ready well in advance of the final trial. Procedural directions were given for the filing and service of affidavits, including a report on child C's pregnancy status and arrangements for an eye examination. The father's application for contravention was to be listed for a short trial, with directions given regarding the availability of a Dr P for cross-examination. The court also directed the mother to file an amended application for final orders, specifying her requests and naming the paternal grandfather as a respondent.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Costs

  • Discovery

  • Jurisdiction

  • Standing

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2