Banks and Loffler

Case

[2016] FamCA 968

15 November 2016


Details
AGLC Case Decision Date
Banks and Loffler [2016] FamCA 968 [2016] FamCA 968 15 November 2016

CaseChat Overview and Summary

The case of Banks and Loffler, heard by Berman J, concerned an application regarding the living arrangements and time spent with a child. The dispute centred on the specific orders to be made concerning the child's residence and contact with the father.

The court was required to determine the terms of interim orders for the child's residence and the father's time with the child, including the necessity and nature of supervision for that time. Further issues included the location for handover of the child and the procedural steps required for the parties to prepare for a final hearing, including the filing of amended applications, evidence, and outlines of case.

Berman J made orders for the child to live with the mother and for the child to spend time with the father on Saturdays between 10 am and 4 pm, subject to supervision by the paternal grandmother or other nominated individuals. The court also stipulated specific locations for handover and set strict timelines for the filing and service of amended applications, affidavits of evidence in chief, and any reply material. The parties were directed to address objections to evidence and to provide concise outlines of their cases and arguments prior to the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

M v M [1988] HCA 68
J v Lieschke [1987] HCA 4
J v Lieschke [1987] HCA 4