Finch and Shibo

Case

[2015] FamCA 789

28 April 2015


Details
AGLC Case Decision Date
Finch and Shibo [2015] FamCA 789 [2015] FamCA 789 28 April 2015

CaseChat Overview and Summary

The applicant father and the respondent mother were parties to proceedings before Forrest J concerning their children. The dispute involved the father's Initiating Application filed on 3 June 2014, which was subsequently subject to orders for reinstatement and a trial.

The court was required to determine the procedural steps necessary to advance the proceedings towards a trial, including the filing of evidence, attendance at expert appointments, and the provision of material to independent experts. The orders indicate a need to clarify the evidence to be relied upon at trial and to facilitate expert assessment of the children.

Forrest J ordered that the father's Initiating Application be reinstated and that the matter be listed for trial on 13 August 2015. The court directed that each party file and serve one affidavit of evidence in chief by 7 August 2015, with no liberty to rely on previous affidavits. Furthermore, the parties were ordered to attend appointments with Dr Q and Dr R as directed by the Independent Children's Lawyer, who was granted leave to provide court file material to these experts at his discretion.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Discovery

  • Jurisdiction

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