Carlson and Fluvium (No. 4)
Case
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[2011] FamCA 831
•26 October 2011
Details
AGLC
Case
Decision Date
Carlson and Fluvium (No. 4) [2011] FamCA 831
[2011] FamCA 831
26 October 2011
CaseChat Overview and Summary
In the matter of *Carlson and Fluvium (No. 4)*, Kent J considered applications filed by the Father, the Mother, and the Independent Children’s Lawyer. The dispute concerned various procedural matters, including the admission of evidence and the timing of submissions, in proceedings relating to a child.
The court was required to determine whether to grant the Father permission to file an affidavit and rely on previously filed affidavits. It also had to consider the Mother's application for the child to spend time in Canada during the Christmas holiday period and the Independent Children’s Lawyer's request for further evidence from Dr V.
Kent J granted the Father's application to file and rely upon affidavits. The Mother's application regarding the child's travel to Canada was adjourned. The court also granted the Independent Children’s Lawyer's application for further evidence from Dr V. Consequently, orders 2 and 3 of the previous orders dated 6 October 2011 were discharged. The court then set deadlines for the filing of written submissions, with the Independent Children’s Lawyer to file by 5.00pm on Monday 5 December 2011, and the Mother and Father to file by 5.00pm on Monday 19 December 2011.
The court was required to determine whether to grant the Father permission to file an affidavit and rely on previously filed affidavits. It also had to consider the Mother's application for the child to spend time in Canada during the Christmas holiday period and the Independent Children’s Lawyer's request for further evidence from Dr V.
Kent J granted the Father's application to file and rely upon affidavits. The Mother's application regarding the child's travel to Canada was adjourned. The court also granted the Independent Children’s Lawyer's application for further evidence from Dr V. Consequently, orders 2 and 3 of the previous orders dated 6 October 2011 were discharged. The court then set deadlines for the filing of written submissions, with the Independent Children’s Lawyer to file by 5.00pm on Monday 5 December 2011, and the Mother and Father to file by 5.00pm on Monday 19 December 2011.
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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Standing
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