Fulwood and Wettons (No 2)

Case

[2009] FamCA 1203

22 July 2009


Details
AGLC Case Decision Date
Fulwood and Wettons (No 2) [2009] FamCA 1203 [2009] FamCA 1203 22 July 2009

CaseChat Overview and Summary

In *Fulwood and Wettons (No 2)*, Strickland J of the Family Court of Australia considered applications made by both the father and the mother in proceedings concerning their children. The dispute involved various procedural matters, including the filing of affidavits, the calling of witnesses, and the continuation of the hearing.

The court was required to determine whether to grant leave for the filing of updated affidavits by both parties, the father's application to call a specific witness, and the father's intention to seek the removal of a family consultant. Additionally, the court had to consider the extension of time for the father to file his updated affidavit of evidence in chief and the scheduling of the adjourned hearing.

Strickland J granted leave for the father to file his affidavit nunc pro tunc and for the mother to file an updated affidavit of evidence in chief. Leave was also granted to the father to call Dr C as a witness. The court ordered the father to file and serve an application seeking the removal of Ms B, a family consultant, along with a supporting affidavit, by 31 August 2009. The time for the father to file his updated affidavit of evidence in chief was extended to the same date. The proceedings were adjourned part-heard to 11 September 2009, with leave granted for both parents to attend the adjourned hearing by telephone.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

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