Chard and Yong (No 2)
Case
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[2019] FamCA 948
•9 December 2019
Details
AGLC
Case
Decision Date
Chard and Yong (No 2) [2019] FamCA 948
[2019] FamCA 948
9 December 2019
CaseChat Overview and Summary
In *Chard and Yong (No 2)*, Gill J considered an application in proceedings involving the Father and the Mother. The specific nature of the dispute is not detailed, but the orders indicate it concerns matters requiring a trial and involves an Independent Children's Lawyer.
The primary legal issue before the court was whether section 102NA of the relevant legislation applied to the hearing, which would preclude personal cross-examination. The court also had to determine the procedural steps and timelines for the filing of evidence and the conduct of the trial.
The court determined that section 102NA did apply, meaning personal cross-examination would not be permitted. The court then made detailed orders regarding the filing of consolidated affidavits by both the Father and the Mother, setting specific deadlines for their service. Further directions were given for the Father to notify the other parties if he intended to rely on previously filed witness material, and for the filing of responding affidavits. The court also stipulated that parties would generally be restricted to relying on affidavit material filed in accordance with these orders, with limited exceptions. Subpoenas were to be made returnable no later than 28 days before the trial, and further trial directions were scheduled.
The primary legal issue before the court was whether section 102NA of the relevant legislation applied to the hearing, which would preclude personal cross-examination. The court also had to determine the procedural steps and timelines for the filing of evidence and the conduct of the trial.
The court determined that section 102NA did apply, meaning personal cross-examination would not be permitted. The court then made detailed orders regarding the filing of consolidated affidavits by both the Father and the Mother, setting specific deadlines for their service. Further directions were given for the Father to notify the other parties if he intended to rely on previously filed witness material, and for the filing of responding affidavits. The court also stipulated that parties would generally be restricted to relying on affidavit material filed in accordance with these orders, with limited exceptions. Subpoenas were to be made returnable no later than 28 days before the trial, and further trial directions were scheduled.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Procedural Fairness
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Discovery
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Stay of Proceedings
Actions
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Citations
Chard and Yong (No 2) [2019] FamCA 948
Most Recent Citation
Hurley & Melton (No 2) [2020] FamCA 917
Cases Cited
0
Statutory Material Cited
3