Wilburn & Wilburn (No 2)

Case

[2021] FCCA 813

19 April 2021


Details
AGLC Case Decision Date
Wilburn and Wilburn (No 2) [2021] FCCA 813 [2021] FCCA 813 19 April 2021

CaseChat Overview and Summary

In the matter of *Wilburn & Wilburn (No 2)*, heard by Burchardt J, the applicant, Ms Wilburn, and the respondent, Mr Wilburn, were involved in proceedings concerning their children.

The primary legal issue before the court was the need for independent representation of the children, Z, Y, and X, in the proceedings.

Burchardt J ordered that the children's interests be independently represented by a lawyer, Mr Alex McCormack, pursuant to s.68L(2) of the *Family Law Act 1975*. The court requested Victoria Legal Aid to arrange this representation and stipulated that the Independent Children’s Lawyer must file a Notice of Address for Service forthwith upon appointment. Furthermore, the solicitors for the parties were directed to provide all relevant documents to the Independent Children’s Lawyer within 48 hours of notification of the appointment. The court also provided important notes regarding the application of s.102NA of the *Family Law Act 1975* concerning family violence and the prohibition of unrepresented parties cross-examining each other, as well as information about the Commonwealth Family Violence and Cross-Examination of Parties Scheme.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

0

Wilburn & Wilburn [2019] FCCA 2131