Zong & Lim (No 6)
Case
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[2020] FCCA 3671
•29 October 2020
Details
AGLC
Case
Decision Date
Zong & Lim (No 6) [2020] FCCA 3671
[2020] FCCA 3671
29 October 2020
CaseChat Overview and Summary
In the matter of Zong and Lim (No 6), an order was made by Judge Coates of the Federal Circuit Court of Australia on 29 October 2020. The proceedings concerned parenting arrangements for a child, X, born in 2012, between the applicant, Ms Zong, and the respondent, Mr Lim.
The court was required to determine the immediate parenting arrangements for the child, specifically whether to suspend the father's time with the child. The court also needed to consider the need for an updated family report and the scope of that report, including the child's views and relevant legislative factors. Furthermore, the court had to set trial dates for the final hearing of the matter.
The court ordered that all orders for the child to spend time and communicate with the father be suspended until further order. Pursuant to section 62G of the *Family Law Act 1975*, the parties and the child were ordered to attend upon a Family Consultant for the preparation of an updated family report. This report was to include the child's views, the factors set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters considered important to the child's welfare or best interests. The court also stipulated that while a child should not be required to express views, if views were expressed, the Family Consultant should report them and the likely consequences if the court did not accord with those views. The Federal Circuit Court of Australia was to bear the cost of the report.
The father was ordered to file and serve an affidavit setting out all evidence to be relied upon at trial by 27 November 2020. The matter was subsequently set down for a final hearing of not more than four days, commencing on 25, 27, 28, and 29 January 2021, in the Federal Circuit Court of Australia at Brisbane.
The court was required to determine the immediate parenting arrangements for the child, specifically whether to suspend the father's time with the child. The court also needed to consider the need for an updated family report and the scope of that report, including the child's views and relevant legislative factors. Furthermore, the court had to set trial dates for the final hearing of the matter.
The court ordered that all orders for the child to spend time and communicate with the father be suspended until further order. Pursuant to section 62G of the *Family Law Act 1975*, the parties and the child were ordered to attend upon a Family Consultant for the preparation of an updated family report. This report was to include the child's views, the factors set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters considered important to the child's welfare or best interests. The court also stipulated that while a child should not be required to express views, if views were expressed, the Family Consultant should report them and the likely consequences if the court did not accord with those views. The Federal Circuit Court of Australia was to bear the cost of the report.
The father was ordered to file and serve an affidavit setting out all evidence to be relied upon at trial by 27 November 2020. The matter was subsequently set down for a final hearing of not more than four days, commencing on 25, 27, 28, and 29 January 2021, in the Federal Circuit Court of Australia at Brisbane.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Costs
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Remedies
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Standing
Actions
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Citations
Zong & Lim (No 6) [2020] FCCA 3671
Most Recent Citation
Lim & Zong [2022] FedCFamC1A 146
Cases Cited
3
Statutory Material Cited
1
M v M
[1988] HCA 68
Harridge & Harridge
[2010] FamCA 445
Bant & Clayton
[2015] FamCAFC 222