Clovelly and Clovelly

Case

[2010] FamCA 43

28 January 2010


Details
AGLC Case Decision Date
Clovelly and Clovelly [2010] FamCA 43 [2010] FamCA 43 28 January 2010

CaseChat Overview and Summary

The District Court of New South Wales, presided over by Faulks DCJ, considered child matters in dispute between the applicant and the respondent. The core of the dispute concerned parental responsibility and the allocation of time the child would spend with each parent.

The court was required to determine the procedural steps necessary to bring these child-related issues before the court for resolution. Specifically, it needed to grant the applicant permission to formally commence proceedings and establish a timeline for the respondent to respond, thereby setting the stage for a formal hearing.

The court's reasoning focused on facilitating the timely and orderly progression of the child matters. It granted the applicant leave to lodge an initiating application by a specified date, allowing the respondent a defined period to file a response. The court then ordered that the matter be listed for the first day of the Less Adversarial Trial once these initial documents were filed, indicating a preference for a particular trial methodology. This listing was scheduled to coincide with the hearing of property disputes between the parties, suggesting an intention to manage related matters concurrently.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Discovery

Actions
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Cases Citing This Decision

1

Clovelly & Clovelly (No 2) [2010] FamCA 263
Cases Cited

1

Statutory Material Cited

1

Marsden & Winch [2009] FamCAFC 152