Wilkie & Anor and Mirkja

Case

[2010] FamCA 667

9 July 2010


Details
AGLC Case Decision Date
Wilkie & Anor and Mirkja [2010] FamCA 667 [2010] FamCA 667 9 July 2010

CaseChat Overview and Summary

The applicants, Wilkie & Anor, sought orders concerning their children, E and G, against the respondent, MS MIRKJA. The proceedings were heard by Cronin J.

The court was required to determine whether to grant the applicants leave to proceed on an undefended basis, the nature of parental responsibility for the children, and where the children should live. The court also considered the appropriate form of orders to be made under the *Family Law Act 1975* (Cth).

Cronin J ordered that the requirements of service of the application on MS MIRKJA be waived and granted the applicants leave to proceed forthwith on an undefended basis. The court made orders for equal shared parental responsibility for the children and that the children live with the applicants. Pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), the court included a Fact Sheet detailing the obligations created by the orders, the consequences of contravention, and information on assistance for compliance. The application filed on 8 June 2010 was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Remedies

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