Event and Time
Event Description
- Case Title: Culbert & Culbert
- Court: Federal Circuit and Family Court of Australia
- Date of Oral Decision: 6 September 2022
- Scheduled Hearing: Final hearing set for 5 September 2022
- Key Parties:
- Father (Accused): Denies allegations of sexual abuse. - Mother: Allegations of sexual abuse by the father on their child. - Independent Children’s Lawyer (ICL): Representing children's interests.
Application and Claims
- Father's Claims: Seeks to adjourn proceedings due to ongoing police investigation into allegations of sexual abuse, with intentions to exercise his right to silence.
- Mother's Position: Did not oppose the father’s request for adjournment.
- Independent Children's Lawyer's Position: Also did not oppose the adjournment.
Judicial Decisions
- Decision: Proceedings adjourned part-heard.
- Next Mention Date: Scheduled for 1 June 2023 at 9:30 a.m.
- Additional Orders:
- Mentioning of the matter will be expedited based on the developments of the criminal investigation. - Liberty granted to the ICL for relisting if necessary.
Dispute Points and Legal Basis
Dispute Points
- Father's Defense:
- Strenuously denies all allegations of sexual abuse. - Opts to remain silent while the police investigation is ongoing.
- Mother's Claims:
- Alleges that the father sexually abused their child, Y, aged nearly five. - Claims stem from the findings of the Department of Communities and Justice (DCJ) and police investigations.