Donne and Scully

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Stay of Proceedings

  • Remedies

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Cases Citing This Decision

1

Donne and Scully (No 2) [2019] FamCA 950
Cases Cited

0

Statutory Material Cited

1