Darley & Darley

In the matter of Darley & Darley, the mother sought several orders in relation to the appeal proceedings. The mother applied to either obtain a transcript of the proceedings or dispense with the need for a transcript. She also sought leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals, and to copy documents already produced under an earlier subpoena. The mother sought an extension of time to file her Summary of Argument and leave to copy documents already produced under an earlier subpoena.

The court was required to decide whether the mother could listen to the relevant audio to determine whether she wished to obtain all or part of the transcript. The court was also required to decide whether the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals and whether the earlier orders should be varied to provide the exact wording for the mother’s subpoena. The court was further required to decide whether the mother should be granted an extension of time to file her Summary of Argument and leave to copy documents already produced under an earlier subpoena.

The court found that the mother was permitted to listen to the relevant audio to determine whether she wished to obtain all or part of the transcript, however, she was not yet in a position to make that determination. The court found that the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals and that the earlier orders should be varied to provide the exact wording for the mother’s subpoena. The court found that the mother should be granted an extension of time to file her Summary of Argument and leave to copy documents already produced under an earlier subpoena. The court dismissed the applications for leave to issue any subpoena other than the one to Medicare.

The orders of the court included adjourning the mother’s applications in an appeal relating to the question of dispensing with the whole, or part, of any transcript for the hearings on 2 April 2019 and 10 June 2019 before Carew J to the Appeals Registrar to a date to be fixed. The court also granted leave to the mother to obtain photocopies of pages 10 and 11 from subpoena bundle number 30 being the records of [Dr TT] in respect of consultations with the paternal grandmother held on 12 and 13 September 2012. The court varied Order (5) of the Orders of 4 December 2019 to provide the exact wording for the mother’s subpoena. The court dismissed the applications for leave to issue any subpoena other than the one to Medicare. The court granted an extension of time to the mother to file and serve her Summary of Argument, relating to the three appeals, to 4:00 pm on 27 March 2020. The court adjourned the question of revising the timetable with respect to the father and the Independent Children’s Lawyer for the filing of their Summaries of Arguments, relating to the three appeals, to a date to be fixed before the Appeals Registrar. The court granted liberty to apply to the father and the Independent Children’s Lawyer in respect of the question of extending the timetable for the filing of documents as set out in Orders (5) and (6) hereof.