Fournier and Noelle (Adjournment Application)
Case
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[2007] FamCA 845
•13 August 2007
Details
AGLC
Case
Decision Date
Fournier and Noelle (Adjournment Application) [2007] FamCA 845
[2007] FamCA 845
13 August 2007
CaseChat Overview and Summary
In the matter of Fournier and Noelle, heard by Bennett J, the application before the court concerned an adjournment sought by the mother. The precise nature of the underlying dispute is not detailed in the provided text, but it involved the mother, the father, and an independent children's lawyer.
The primary legal issue before the court was whether to grant the mother's application for an adjournment of the proceedings. A secondary issue arose regarding the ability of the independent children's lawyer to call a solicitor, Ms Michelle Crighton, to give evidence or be cross-examined by telephone.
Bennett J refused the mother's application for an adjournment. The court granted leave for the independent children's lawyer to call Ms Crighton by telephone, indicating that this was permissible for the purposes of either cross-examination or evidence in chief. The court also made orders for the transcription of its reasons and confirmed that the matter reasonably required the attendance of counsel, pursuant to Rule 19.50 of the Family Law Rules 2004.
The primary legal issue before the court was whether to grant the mother's application for an adjournment of the proceedings. A secondary issue arose regarding the ability of the independent children's lawyer to call a solicitor, Ms Michelle Crighton, to give evidence or be cross-examined by telephone.
Bennett J refused the mother's application for an adjournment. The court granted leave for the independent children's lawyer to call Ms Crighton by telephone, indicating that this was permissible for the purposes of either cross-examination or evidence in chief. The court also made orders for the transcription of its reasons and confirmed that the matter reasonably required the attendance of counsel, pursuant to Rule 19.50 of the Family Law Rules 2004.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Most Recent Citation
Fournier and Noelle [2007] FamCA 875
Cases Citing This Decision
2
Noelle and Fournier
[2007] FamCA 1048
Fournier and Noelle
[2007] FamCA 875
Cases Cited
0
Statutory Material Cited
1