Zepps and Jackey and Anor

Case

[2013] FCCA 622

17 June 2013


Details
AGLC Case Decision Date
ZEPPS & JACKEY & ANOR [2013] FCCA 622 [2013] FCCA 622 17 June 2013

CaseChat Overview and Summary

In the matter of *Zepps and Jackey and Anor*, heard before Judge Scarlett, the applicant, Ms Zepps, sought orders concerning parental responsibility and the living arrangements for a child, [X], born in 2011. The proceedings involved the first respondent, Mr Jackey, and an unnamed second respondent. The applicant was granted leave to proceed ex parte, indicating that the respondents were not present or represented at this stage of the proceedings.

The central legal issues before the court were the determination of parental responsibility and the child's residence, as well as the necessity and procedure for a parentage testing. Specifically, the court was required to decide whether to grant the applicant sole parental responsibility and order that the child live with her, and to mandate a parentage testing procedure to establish the child's parentage, as provided for under sections 69W and 69X of the *Family Law Act 1975*.

Judge Scarlett ordered that the applicant mother have sole parental responsibility for the child [X] and that the child live with her. Furthermore, the court directed that a parentage testing procedure be undertaken by both the applicant mother and the first respondent, Mr Jackey, within twenty-eight days of the order. This procedure was to be conducted by DNA Labs at Macquarie Park, in accordance with the *Family Law Regulations 1984* and the accreditation standards of the National Association of Testing Laboratories, Australia. The first respondent was specifically required to provide a bodily sample for this purpose. The laboratory was directed to prepare a report on the findings as per regulation 21M of the *Family Law Regulations 1984*. The application was adjourned for further mention, with a warning to the respondents that orders could be made in their absence if they failed to attend court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Discovery

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