Culliss and McMaster (No. 3)
Case
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[2007] FamCA 1386
•22 November 2007
Details
AGLC
Case
Decision Date
Culliss and McMaster (No. 3) [2007] FamCA 1386
[2007] FamCA 1386
22 November 2007
CaseChat Overview and Summary
In *Culliss and McMaster (No. 3)*, Young J of the Supreme Court of New South Wales was required to determine interim orders concerning children's applications. The proceedings involved a father and a mother, with the Independent Children's Lawyer also playing a role.
The central legal issues before the court concerned the making of interim orders in relation to the children. This required the court to consider the applications and responses of both parents, as well as the recommendations of the Independent Children's Lawyer, in order to make appropriate directions for the future conduct of the proceedings.
Young J directed that the further hearing of all extant children’s applications be listed for an interim hearing on 3 January 2008. To facilitate this hearing, specific directions were made regarding the filing and service of amended applications and responses, as well as further affidavits from both the father and mother, which were to include summaries of their current financial circumstances. The Independent Children's Lawyer was also directed to file a summary of sought or recommended orders. Both parents were ordered to attend the adjourned hearing punctually. The extempore reasons for judgment were to be transcribed and made available to all parties.
The central legal issues before the court concerned the making of interim orders in relation to the children. This required the court to consider the applications and responses of both parents, as well as the recommendations of the Independent Children's Lawyer, in order to make appropriate directions for the future conduct of the proceedings.
Young J directed that the further hearing of all extant children’s applications be listed for an interim hearing on 3 January 2008. To facilitate this hearing, specific directions were made regarding the filing and service of amended applications and responses, as well as further affidavits from both the father and mother, which were to include summaries of their current financial circumstances. The Independent Children's Lawyer was also directed to file a summary of sought or recommended orders. Both parents were ordered to attend the adjourned hearing punctually. The extempore reasons for judgment were to be transcribed and made available to all parties.
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Areas of Law
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Family Law
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Civil Procedure
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Discovery
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Procedural Fairness
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