Amaretti and Amaretti
Case
•
[2009] FamCA 420
•28 April 2009
Details
AGLC
Case
Decision Date
Amaretti and Amaretti [2009] FamCA 420
[2009] FamCA 420
28 April 2009
CaseChat Overview and Summary
In the matter of *Amaretti and Amaretti*, Strickland J of the Family Court of Australia considered an application by the husband concerning procedural matters in ongoing family law proceedings. The dispute revolved around the husband's ability to file and serve his evidence, specifically his affidavit of evidence in chief and the affidavit of Dr P, within the court-imposed timelines.
The primary legal issues before the court were whether to grant an extension of time for the husband to file and serve his affidavit of evidence in chief, and similarly, whether to extend the time for the filing and service of Dr P's affidavit. The court also had to determine the appropriate course of action regarding an affidavit filed by the husband on 14 April 2009.
Strickland J reasoned that it was appropriate to grant the requested extensions of time to allow for the proper presentation of the husband's evidence. The court ordered that the affidavit filed by the husband on 14 April 2009 be returned to his solicitor. Furthermore, the time for the husband to file and serve his affidavit of evidence in chief was extended to 4:00pm on 21 May 2009, and the time for filing and serving Dr P's affidavit was extended to 4:00pm on 18 May 2009. The further consideration of the case was adjourned to 9:15am on 28 May 2009.
The primary legal issues before the court were whether to grant an extension of time for the husband to file and serve his affidavit of evidence in chief, and similarly, whether to extend the time for the filing and service of Dr P's affidavit. The court also had to determine the appropriate course of action regarding an affidavit filed by the husband on 14 April 2009.
Strickland J reasoned that it was appropriate to grant the requested extensions of time to allow for the proper presentation of the husband's evidence. The court ordered that the affidavit filed by the husband on 14 April 2009 be returned to his solicitor. Furthermore, the time for the husband to file and serve his affidavit of evidence in chief was extended to 4:00pm on 21 May 2009, and the time for filing and serving Dr P's affidavit was extended to 4:00pm on 18 May 2009. The further consideration of the case was adjourned to 9:15am on 28 May 2009.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Discovery
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Amaretti and Amaretti [2009] FamCA 420
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0