Collins & Ricardo & Anor

Case

[2014] FamCA 786

4 September 2014


Details
AGLC Case Decision Date
Collins & Ricardo & Anor [2014] FamCA 786 [2014] FamCA 786 4 September 2014

CaseChat Overview and Summary

In the matter of *Collins & Ricardo & Anor*, Loughnan J of the Family Court of Australia considered seven interlocutory applications filed by the father, which related to the review of a Registrar's decisions concerning subpoena material, the issuing of further subpoenas, requests for particulars, and costs. These applications were brought in the context of a final hearing scheduled to commence in two months.

The court was required to determine the merits of each of the father's interlocutory applications, including whether to dismiss applications to review a Registrar's decision, whether to adjourn a costs application, and whether to grant leave for the issuing of specific subpoenas to ANZ Bank and the mother's treating practitioners. Additionally, the court considered applications for the mother to attend a specialist for a second opinion and for evidence of a previous court event to be played at the final hearing.

Loughnan J dismissed several of the applications to review a Registrar's decision, including those concerning a subpoena to the NSW Police. The costs application was adjourned to the final hearing. Leave was granted for the father to apply for subpoenas to ANZ Bank and for the mother's treating practitioner regarding her 2012 surgery, with specific directions for the production of clinical notes and availability for cross-examination concerning the mother's ability to travel in July 2014. The court also ordered the mother to attend a specialist ophthalmologist for a second opinion within 14 days of a written request, with the father to bear the costs of obtaining this expert evidence. Arrangements were also to be made for an audio recording of a previous court event to be played at the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Newett & Newett [2021] FedCFamC1F 11
Cases Cited

1

Statutory Material Cited

2

Xuarez & Vitela [2012] FamCA 574