Calder and Andrews and Anor
Case
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[2015] FamCA 824
•5 October 2015
Details
AGLC
Case
Decision Date
Calder and Andrews and Anor [2015] FamCA 824
[2015] FamCA 824
5 October 2015
CaseChat Overview and Summary
In the matter of *Calder and Andrews and Anor*, Cronin J considered applications made by the wife and the husband in family law proceedings. The specific nature of the dispute between the parties is not detailed, but the orders indicate it involves matters concerning children and likely relates to parenting arrangements.
The court was required to determine how to proceed with the outstanding applications for substantive orders, given the applications filed by the wife and husband on 11 August 2015 and 14 September 2015 respectively. A key issue was the preparation of an updated family report, including directions regarding the family consultant, the timing of the report, and the information the consultant should consider. The court also needed to establish a timetable for the filing and service of further evidence by the parties and the Independent Children’s Lawyer.
Cronin J dismissed the applications filed by the wife and husband, save for certain paragraphs within those applications. The court then adjourned all outstanding substantive applications for a final hearing. Crucially, the court ordered the parties to attend for an updated family report, to be prepared by a family consultant nominated by the Director of Child Dispute Services, with a preference for Ms B. This report was to be commenced after 1 December 2015 and completed by 20 January 2016, with the consultant to consider factors under s 60CC of the *Family Law Act 1975* and advise on child welfare and development. Strict timetables were set for the filing of further affidavits by the husband, wife, and the Independent Children’s Lawyer, with a warning that affidavits filed outside these times might not be relied upon without leave.
The court was required to determine how to proceed with the outstanding applications for substantive orders, given the applications filed by the wife and husband on 11 August 2015 and 14 September 2015 respectively. A key issue was the preparation of an updated family report, including directions regarding the family consultant, the timing of the report, and the information the consultant should consider. The court also needed to establish a timetable for the filing and service of further evidence by the parties and the Independent Children’s Lawyer.
Cronin J dismissed the applications filed by the wife and husband, save for certain paragraphs within those applications. The court then adjourned all outstanding substantive applications for a final hearing. Crucially, the court ordered the parties to attend for an updated family report, to be prepared by a family consultant nominated by the Director of Child Dispute Services, with a preference for Ms B. This report was to be commenced after 1 December 2015 and completed by 20 January 2016, with the consultant to consider factors under s 60CC of the *Family Law Act 1975* and advise on child welfare and development. Strict timetables were set for the filing of further affidavits by the husband, wife, and the Independent Children’s Lawyer, with a warning that affidavits filed outside these times might not be relied upon without leave.
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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