CAPPETTTO and Cappetto (No 2)

Case

[2011] FamCA 241

28 March 2011


Details
AGLC Case Decision Date
CAPPETTTO and Cappetto (No 2) [2011] FamCA 241 [2011] FamCA 241 28 March 2011

CaseChat Overview and Summary

In the matter of *Cappetto and Cappetto (No 2)*, heard before Watts J, the dispute concerned applications made by the mother to vacate a hearing date. The court was also required to consider applications regarding the inspection of documents produced under subpoena, the filing of an affidavit by the Independent Children's Lawyer, and extensions of time for the parties to file and serve affidavits.

The primary legal issues before the court were whether the mother's applications to vacate the hearing date should be granted, and whether to grant leave for the inspection of documents, the filing of the Independent Children's Lawyer's affidavit, and extensions of time for the parties to file their respective affidavits.

Watts J dismissed the mother's oral applications to vacate the hearing date. The court granted leave for the Independent Children's Lawyer and the parties to inspect documents produced under subpoena from Medical Centre 1. Furthermore, leave was granted to the Independent Children's Lawyer to file an affidavit annexing all correspondence deemed relevant for the final hearing. The court also extended the time for the mother to file and serve affidavits to 3pm on Monday, 4 April 2011, and for the father to file and serve affidavits to 4pm on Friday, 1 April 2011. The matter was subsequently adjourned for mention by telephone on 4 April 2011.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Stay of Proceedings

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