Bemert and Swallow

Case

[2008] FamCA 714

7 August 2008


Details
AGLC Case Decision Date
Bemert and Swallow [2008] FamCA 714 [2008] FamCA 714 7 August 2008

CaseChat Overview and Summary

The matter of *Bemert and Swallow* concerned applications brought by the maternal great grandparents in relation to children, against the respondent parents. The applications were heard by Watts J.

The court was required to determine the applications made by the maternal great grandparents, some of which were dismissed by consent. The court also considered the timing of further applications and the filing of affidavit material by the parties.

Watts J ordered the dismissal of certain applications by consent and the dismissal of the remaining applications by the maternal great grandparents. The court also adjourned the maternal great grandparents' application filed on 1 July 2008 to be heard concurrently with the maternal grandfather's application filed on 20 February 2008. Directions were given for the filing of further affidavit material by the respondent parents and the maternal great grandparents, and leave was granted to the respondent parents to file an amended application for final orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Standing

  • Appeal

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