Walker and Baldwin

Case

[2013] FamCA 673

9 September 2013


Details
AGLC Case Decision Date
Walker and Baldwin [2013] FamCA 673 [2013] FamCA 673 9 September 2013

CaseChat Overview and Summary

In the matter of *Walker and Baldwin*, Kent J of the Family Court of Australia considered an application by the Father to dismiss the Mother's application. The proceedings concerned the interests of a child, B, born in 2007.

The central legal issue before the Court was whether the Father's application to dismiss the Mother's application should be granted. In addition, the Court was required to determine the appropriate representation for the child, B, in the proceedings.

Kent J determined that the Father's application to dismiss the Mother's application was a matter for the trial judge to determine. Consequently, the application was adjourned to the trial judge. Pursuant to section 68L(2) of the *Family Law Act 1975* (Cth), the Court ordered that the interests of the child, B, be independently represented by a lawyer. Legal Aid Queensland was requested to arrange for an Independent Children’s Lawyer as soon as practicable, with liberty to peruse and copy all filed documents. The applications were adjourned for directions before the Registrar. The Court also requested that Legal Aid Queensland consider appointing the same Independent Children’s Lawyer who represented the Father's children in pending Federal Circuit Court proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Appeal

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