Bant and Clayton
Case
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[2017] FamCA 96
•24 February 2017
Details
AGLC
Case
Decision Date
Bant and Clayton [2017] FamCA 96
[2017] FamCA 96
24 February 2017
CaseChat Overview and Summary
This matter concerned parenting orders proceedings before Forrest J. The dispute involved the father and mother of a child, Y, regarding the time the child should spend with the father in Australia and any associated conditions.
The court was required to determine the process for obtaining expert evidence to assist in resolving the parenting dispute. Specifically, the court needed to direct the appointment of a single expert to prepare a family report, outline the scope of that expert's report, and set timelines for the preparation and filing of the report and other evidence.
Forrest J ordered that the father nominate one of three specified professionals to act as a single expert to prepare a family report. The parties were to cooperate in arranging for the expert to be retained, attend upon the expert, and ensure the child attended as required. The costs of the report were to be shared equally. The expert was to be provided with a comprehensive bundle of previous reports and judgments, a joint letter of instructions, and had leave to inspect subpoenaed documents. The report was to address matters relevant to section 60CC of the *Family Law Act 1975*, with particular consideration to issues raised by each parent, concerning the child's time with the father in Australia and any conditions. The court also set deadlines for the filing and service of affidavits of evidence in chief from the parties and their witnesses, and scheduled a further trial management hearing.
The court was required to determine the process for obtaining expert evidence to assist in resolving the parenting dispute. Specifically, the court needed to direct the appointment of a single expert to prepare a family report, outline the scope of that expert's report, and set timelines for the preparation and filing of the report and other evidence.
Forrest J ordered that the father nominate one of three specified professionals to act as a single expert to prepare a family report. The parties were to cooperate in arranging for the expert to be retained, attend upon the expert, and ensure the child attended as required. The costs of the report were to be shared equally. The expert was to be provided with a comprehensive bundle of previous reports and judgments, a joint letter of instructions, and had leave to inspect subpoenaed documents. The report was to address matters relevant to section 60CC of the *Family Law Act 1975*, with particular consideration to issues raised by each parent, concerning the child's time with the father in Australia and any conditions. The court also set deadlines for the filing and service of affidavits of evidence in chief from the parties and their witnesses, and scheduled a further trial management hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Expert Evidence
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Costs
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Procedural Fairness
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Appeal
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Jurisdiction
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Remedies
Actions
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Citations
Bant and Clayton [2017] FamCA 96
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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