Dickens and Dickens and Anor

Case

[2015] FamCA 255

27 January 2015


Details
AGLC Case Decision Date
Dickens and Dickens and Anor [2015] FamCA 255 [2015] FamCA 255 27 January 2015

CaseChat Overview and Summary

In the matter of *Dickens and Dickens and Anor*, Johnston J considered applications and a subpoena in proceedings involving the father, the mother (Ms Dickens), and Mr D. The dispute concerned a contravention application filed by the father against Mr D, as well as other applications and a subpoena issued to the Commissioner of the New South Wales Police.

The court was required to determine the disposition of the father's contravention application against Mr D, the production and inspection of documents by the New South Wales Police, and the future conduct of other outstanding applications and potential sanctions against Ms Dickens. The court also noted Mr D's denial of contravening a Family Law Act 1975 order concerning the discipline of a child.

Johnston J noted that the father was satisfied with the documents produced by the New South Wales Police, granting all parties leave to inspect these and prior bundles of documents. The father was granted leave to withdraw his contravention application against Mr D, which was subsequently dismissed. The father was ordered to pay Mr D's costs in relation to this withdrawn application, excluding the hearing on 28 January 2014. The court also noted that the children had been seeing Mr Q, and the mother had attended sessions with Mr Q. The father's application filed on 27 November 2014 was adjourned, and the question of sanctions against Ms Dickens was deferred pending the outcome of the outstanding application against Mr D. Mr D provided an undertaking through his solicitor to appear at court on the next occasion. The proceedings were adjourned part heard to 17 February 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

  • Discovery

  • Injunction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Rona v Shimden Pty Ltd [2005] NSWSC 818