DESJARDINS & DESJARDINS

Case

[2014] FamCA 1242

12 December 2014


Details
AGLC Case Decision Date
DESJARDINS & DESJARDINS [2014] FamCA 1242 [2014] FamCA 1242 12 December 2014

CaseChat Overview and Summary

In the matter of Desjardins & Desjardins, Justice Macmillan of the Family Court of Australia considered applications made by the father and the mother concerning proceedings filed in December 2014. The specific nature of the underlying dispute is not detailed, but the orders indicate a family law context involving children.

The court was required to determine the disposition of the father's application, the adjournment of specific aspects of the mother's response, and the filing and service of further evidence by both parties. Additionally, the court addressed the timing for the filing of evidence in chief and affidavits in reply, as well as the provision of certain documents to medical professionals.

Justice Macmillan dismissed the father's application. The court adjourned paragraphs 2 and 3 of the mother's response for a future hearing. Directions were given for the father to file and serve any reply to the mother's response and supporting affidavits by 5 January 2015. The time for both parties to file and serve their respective affidavits of evidence in chief was extended, with the father's deadline set for 19 December 2014 and the mother's for 16 January 2015. The father was also granted an extension to file and serve any affidavit in reply to the mother's affidavits, with a deadline of 30 January 2015. The costs of the day for all parties, including the Independent Children's Lawyer, were reserved. By consent, the Independent Children's Lawyer was permitted to provide specific reports and assessments to Dr B and Dr C. Finally, a scheduled mention before Justice Macmillan on 20 January 2015 was vacated.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Consent

  • Reliance

  • Procedural Fairness

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