VASIL & VASIL

Case

[2020] FamCA 357

14 May 2020


Details
AGLC Case Decision Date
VASIL & VASIL [2020] FamCA 357 [2020] FamCA 357 14 May 2020

CaseChat Overview and Summary

In the matter of *Vasil & Vasil*, Berman J of the Family Court of Australia considered applications concerning a child's time with their parents and the production of documents. The father sought to spend additional time with the 14-year-old child, while the mother indicated she would respect any request made by the child. The father also alleged non-compliance with existing time-spending orders and sought makeup time, which the mother disputed.

The court was required to determine whether to grant the father's application for additional time with the child, considering the child's age and the pending Family Assessment Report. Additionally, the court had to assess the father's claims of non-compliance with current orders and the appropriateness of makeup time, as well as address the father's requests for the production of documents, including trust deeds.

Berman J adopted a cautious approach regarding the child's time, deferring a final determination until the child's wishes were better understood and the Family Assessment Report was completed. The court found it could not make a determination on makeup time on an interim basis without a clearer understanding of the child's wishes and whether such time would be in the child's best interests. Regarding discovery, the court noted that the mother had provided some documents and would provide further documents as previously ordered, dismissing the father's application for compliance with those specific orders. However, the court ordered the mother to use her best endeavours to obtain and produce to the father a copy of any Trust Deed for any entity in which she holds a significant role, such as an appointor, trustee, office holder of a trustee company, or beneficiary, as this control is relevant to her potential interest.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Vasil and Vasil (No 2) [2019] FamCA 773
Kennon v Spry [2008] HCA 56
Kennon v Spry [2008] HCA 56