Donne and Scully
Case
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[2018] FamCA 817
•12 September 2018
Details
AGLC
Case
Decision Date
Donne and Scully [2018] FamCA 817
[2018] FamCA 817
12 September 2018
CaseChat Overview and Summary
In the matter of *Donne and Scully*, heard before Tree J, the dispute concerned the listing of a trial and related management hearings. The orders indicate a need to reschedule proceedings, particularly in light of the father's custodial status.
The central legal issues before the Court were the appropriate management of the trial listing and the procedural steps required to ensure the father's participation in proceedings, given his incarceration. The Court also considered the notification obligations of the parties concerning any change in the father's custodial status.
Tree J ordered that the trial listing commencing on 8 October 2018 be vacated. A Trial Management Hearing was to resume on 4 December 2018 via telephone conference, with the Court to initiate calls to the parties while the father remained in custody. Should the father be released prior to 4 December 2018, he or his solicitor was required to notify the Independent Children’s Lawyer within 48 hours of his release. Liberty to apply was granted to all parties to seek to resume the Trial Management Hearing earlier if the father was released from custody before the scheduled date.
The central legal issues before the Court were the appropriate management of the trial listing and the procedural steps required to ensure the father's participation in proceedings, given his incarceration. The Court also considered the notification obligations of the parties concerning any change in the father's custodial status.
Tree J ordered that the trial listing commencing on 8 October 2018 be vacated. A Trial Management Hearing was to resume on 4 December 2018 via telephone conference, with the Court to initiate calls to the parties while the father remained in custody. Should the father be released prior to 4 December 2018, he or his solicitor was required to notify the Independent Children’s Lawyer within 48 hours of his release. Liberty to apply was granted to all parties to seek to resume the Trial Management Hearing earlier if the father was released from custody before the scheduled date.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Stay of Proceedings
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Remedies
Actions
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Citations
Donne and Scully [2018] FamCA 817
Most Recent Citation
Donne and Scully (No 2) [2019] FamCA 950
Cases Cited
0
Statutory Material Cited
1