Boch and Ors and Louis (No. 2)
Case
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[2007] FamCA 1160
•6 September 2007
Details
AGLC
Case
Decision Date
Boch and Ors and Louis (No. 2) [2007] FamCA 1160
[2007] FamCA 1160
6 September 2007
CaseChat Overview and Summary
In the matter of *Boch and Ors and Louis (No. 2)*, Strickland J of the Family Court of Australia considered an application by the father concerning orders sought in relation to Ms E Boch, Dr C W, and Ms S W. The dispute also involved an application by the paternal grandmother, Ms J Boch, and a subpoena sought by the wife to obtain medical records of the paternal grandmother.
The court was required to determine whether to dismiss the father's application concerning Ms E Boch, Dr C W, and Ms S W. It also had to consider whether to grant leave for Ms S W's evidence to be received via video link, and if so, on what conditions. Furthermore, the court needed to decide on the further consideration of specific paragraphs of the father's application and the paternal grandmother's application, and whether to grant leave for the wife to issue a subpoena to Dr T D for the medical records of Ms J Boch.
Strickland J ordered the dismissal of the father's application concerning Ms E Boch, Dr C W, and Ms S W. Leave was granted for Ms S W's evidence to be received by video link, provided the father met any associated costs. The court adjourned further consideration of paragraph 3(d) of the father's application and the paternal grandmother's application to a later date before Justice Burr. Finally, leave was granted to the wife to issue a subpoena to Dr T D for all medical records pertaining to the paternal grandmother, Ms J Boch, returnable before Justice Burr on the same adjourned date.
The court was required to determine whether to dismiss the father's application concerning Ms E Boch, Dr C W, and Ms S W. It also had to consider whether to grant leave for Ms S W's evidence to be received via video link, and if so, on what conditions. Furthermore, the court needed to decide on the further consideration of specific paragraphs of the father's application and the paternal grandmother's application, and whether to grant leave for the wife to issue a subpoena to Dr T D for the medical records of Ms J Boch.
Strickland J ordered the dismissal of the father's application concerning Ms E Boch, Dr C W, and Ms S W. Leave was granted for Ms S W's evidence to be received by video link, provided the father met any associated costs. The court adjourned further consideration of paragraph 3(d) of the father's application and the paternal grandmother's application to a later date before Justice Burr. Finally, leave was granted to the wife to issue a subpoena to Dr T D for all medical records pertaining to the paternal grandmother, Ms J Boch, returnable before Justice Burr on the same adjourned date.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Discovery
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Jurisdiction
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Procedural Fairness
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