Boswell and Boswell (No 2)
Case
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[2019] FamCA 450
•2 July 2019
Details
AGLC
Case
Decision Date
Boswell and Boswell (No 2) [2019] FamCA 450
[2019] FamCA 450
2 July 2019
CaseChat Overview and Summary
In the matter of *Boswell and Boswell (No 2)*, Bennett J of the Family Court of Australia considered an application concerning the cross-examination of a party in family law proceedings. The dispute involved the mother and the father, who was representing himself.
The primary legal issue before the court was whether to grant the mother leave to make an application regarding her cross-examination by the unrepresented father. The court also had to determine the scheduling of further hearing dates, particularly in light of the availability of a witness, Ms C, for cross-examination.
Bennett J granted the mother leave to make an application concerning her cross-examination by the father. However, the mother's oral application was dismissed. The court also directed that the Manager of Child Dispute Services be informed of Ms C's availability for cross-examination after 1 August 2019, with the intention of allocating further hearing dates accordingly. The judge ordered that their reasons be transcribed and published to the parties.
The primary legal issue before the court was whether to grant the mother leave to make an application regarding her cross-examination by the unrepresented father. The court also had to determine the scheduling of further hearing dates, particularly in light of the availability of a witness, Ms C, for cross-examination.
Bennett J granted the mother leave to make an application concerning her cross-examination by the father. However, the mother's oral application was dismissed. The court also directed that the Manager of Child Dispute Services be informed of Ms C's availability for cross-examination after 1 August 2019, with the intention of allocating further hearing dates accordingly. The judge ordered that their reasons be transcribed and published to the parties.
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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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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