EAST & PURCELL
Case
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[2012] FamCA 20
•19 January 2012
Details
AGLC
Case
Decision Date
EAST & PURCELL [2012] FamCA 20
[2012] FamCA 20
19 January 2012
CaseChat Overview and Summary
The matter of *East & Purcell* came before Cronin J in the context of applications for final orders in a proceeding. The court was satisfied that it was appropriate to expedite the hearing of these applications.
The court was required to determine the procedural steps necessary to prepare the matter for an expedited final hearing. This involved setting a date for the first day of hearing and establishing strict timelines for the parties to file and serve amended applications and responses, precisely detailing the orders sought. The court also addressed the role of the Independent Children’s Lawyer in relation to proposed orders.
Cronin J ordered that all extant applications for final orders be listed for a first day of hearing on 29 February 2012. The parties and their legal practitioners were required to attend. The Applicant was directed to file and serve an amended application detailing the precise orders sought by 4 pm on 3 February 2012, and the Respondent(s) were to file and serve an amended response detailing their precise orders sought by 4 pm on 17 February 2012. The Independent Children’s Lawyer was to advise each party of any firm position on proposed orders and present a copy of those orders to the Court on the return date. The court noted that non-compliance with the amended filing requirements by a party could allow the other complying party to apply to proceed on an undefended basis.
The court was required to determine the procedural steps necessary to prepare the matter for an expedited final hearing. This involved setting a date for the first day of hearing and establishing strict timelines for the parties to file and serve amended applications and responses, precisely detailing the orders sought. The court also addressed the role of the Independent Children’s Lawyer in relation to proposed orders.
Cronin J ordered that all extant applications for final orders be listed for a first day of hearing on 29 February 2012. The parties and their legal practitioners were required to attend. The Applicant was directed to file and serve an amended application detailing the precise orders sought by 4 pm on 3 February 2012, and the Respondent(s) were to file and serve an amended response detailing their precise orders sought by 4 pm on 17 February 2012. The Independent Children’s Lawyer was to advise each party of any firm position on proposed orders and present a copy of those orders to the Court on the return date. The court noted that non-compliance with the amended filing requirements by a party could allow the other complying party to apply to proceed on an undefended basis.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Appeal
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Costs
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Jurisdiction
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Remedies
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Citations
EAST & PURCELL [2012] FamCA 20
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