CONLAN & TOMLINSON

Case

[2014] FCCA 3118

11 December 2014


Details
AGLC Case Decision Date
CONLAN & TOMLINSON [2014] FCCA 3118 [2014] FCCA 3118 11 December 2014

CaseChat Overview and Summary

In the matter of *Conlan & Tomlinson*, heard before Judge Harman, the applicant sought leave to file a Response to an Application in a Case and Affidavit, and the respondent sought leave to file an Affidavit. The proceedings concerned a family law dispute.

The primary legal issue before the Court was whether to grant the parties leave to file their respective documents. Additionally, the Court was required to consider the necessity and process for obtaining an updated Family Report pursuant to section 62G of the relevant legislation.

Judge Harman granted leave to the applicant to file a Response to the Application in a Case and Affidavit, and also granted leave to the respondent to file an Affidavit. The Court further ordered that an updated Family Report be prepared by a Family Consultant nominated by the Manager Child Dispute Services, in accordance with the terms outlined in Exhibit A, to assist the Court in its determination of the substantive proceedings.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

1

Conlan and Tomlinson [2017] FamCA 895
Cases Cited

2

Statutory Material Cited

2

Johnson & Page [2007] FamCA 1235
M v M [1988] HCA 68
Johnson & Page [2007] FamCA 1235