Feranti and Connor (No. 2)
Case
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[2009] FamCA 400
•23 February 2009
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AGLC
Case
Decision Date
Feranti and Connor (No. 2) [2009] FamCA 400
[2009] FamCA 400
23 February 2009
CaseChat Overview and Summary
In the matter of *Feranti and Connor (No. 2)*, Strickland J of the Family Court of Australia considered applications brought by the father concerning alleged contraventions and contempt. The father sought to consolidate and pursue various applications previously filed, while the mother sought to strike out certain parts of the father's evidence and dismiss some of his claims.
The court was required to determine whether to grant the father leave to file a consolidated application alleging contravention, and consequently, whether to dismiss his earlier, separate applications. Further issues included deciding which specific counts within the father's most recent contravention application should be dismissed, and whether to admit a partial transcript of a telephone conversation as evidence. The court also had to rule on the admissibility of specific paragraphs and annexures from the father's affidavit.
Strickland J reasoned that it was appropriate to allow the father to file a single, consolidated application alleging contravention, thereby dismissing his prior, fragmented applications. The court also dismissed specific counts within the father's consolidated application, finding them to be without merit. Leave was granted for the father to file a further affidavit, but significant portions of that affidavit, along with their annexures, were struck out due to irrelevance or lack of proper foundation. However, a limited portion of a telephone conversation transcript was admitted as evidence.
The court was required to determine whether to grant the father leave to file a consolidated application alleging contravention, and consequently, whether to dismiss his earlier, separate applications. Further issues included deciding which specific counts within the father's most recent contravention application should be dismissed, and whether to admit a partial transcript of a telephone conversation as evidence. The court also had to rule on the admissibility of specific paragraphs and annexures from the father's affidavit.
Strickland J reasoned that it was appropriate to allow the father to file a single, consolidated application alleging contravention, thereby dismissing his prior, fragmented applications. The court also dismissed specific counts within the father's consolidated application, finding them to be without merit. Leave was granted for the father to file a further affidavit, but significant portions of that affidavit, along with their annexures, were struck out due to irrelevance or lack of proper foundation. However, a limited portion of a telephone conversation transcript was admitted as evidence.
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Civil Procedure
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Family Law
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