Bradley and Van Veen (No 2)
Case
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[2009] FamCA 1199
•21 July 2009
Details
AGLC
Case
Decision Date
Bradley and Van Veen (No 2) [2009] FamCA 1199
[2009] FamCA 1199
21 July 2009
CaseChat Overview and Summary
In *Bradley and Van Veen (No 2)*, Strickland J of the Family Court of Australia considered applications by both the mother and the father concerning their child. The mother sought an interim order to suspend the child's time with the father, while the father had filed an application alleging contravention of existing orders.
The court was required to determine whether to grant the mother's application for interim orders suspending the child's time with the father, and whether to proceed with the father's contravention application. The court also had to consider procedural matters relating to the admission of evidence and the continuation of certain proceedings.
Strickland J dismissed the mother's application for interim orders, finding it inappropriate to make such orders given the proximity of the final trial. Similarly, the father's contravention application was dismissed, with the court noting that the father was not proceeding with it due to the impending trial and that the allegations would be pursued at trial. The court granted leave for the mother to call a witness and file further affidavit material, and for the father to rely on his existing affidavit in support of his contravention application. Further consideration of a subpoena issued by the father was adjourned.
The court was required to determine whether to grant the mother's application for interim orders suspending the child's time with the father, and whether to proceed with the father's contravention application. The court also had to consider procedural matters relating to the admission of evidence and the continuation of certain proceedings.
Strickland J dismissed the mother's application for interim orders, finding it inappropriate to make such orders given the proximity of the final trial. Similarly, the father's contravention application was dismissed, with the court noting that the father was not proceeding with it due to the impending trial and that the allegations would be pursued at trial. The court granted leave for the mother to call a witness and file further affidavit material, and for the father to rely on his existing affidavit in support of his contravention application. Further consideration of a subpoena issued by the father was adjourned.
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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Appeal
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Costs
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Discovery
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Procedural Fairness
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Remedies
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