GALBRAITH & GALBRAITH
Case
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[2015] FamCA 604
•13 May 2015
Details
AGLC
Case
Decision Date
GALBRAITH & GALBRAITH [2015] FamCA 604
[2015] FamCA 604
13 May 2015
CaseChat Overview and Summary
This matter concerned an application by Ms Galbraith in the Family Court seeking, among other things, to vacate hearing dates scheduled for 3, 4, and 5 June 2015. The dispute involved proceedings between Ms Galbraith and Mr Galbraith concerning their children, [C] and [D], and related financial matters.
The primary legal issues before the court were whether to grant Ms Galbraith's request for an adjournment of the hearing dates to allow her time to prepare her case as a self-represented litigant, and whether to discharge the Independent Children's Lawyer or appoint an additional expert family reporter. The court also considered various other requests made by Ms Galbraith, including those relating to the submission of evidence, amendment of orders, disclosure of Mr Galbraith's addresses, and the children's wishes and evidence.
Faulks DCJ refused Ms Galbraith's application to vacate the hearing dates entirely. Instead, the court ordered that the hearing would proceed on the scheduled dates but would be adjourned upon completion of the applicant's evidence, her witnesses, and the cross-examination of Ms B. The matter was then adjourned to 31 August 2015, and potentially 1 and 2 September 2015, to deal with the respondent's case and any reply. The court also refused to discharge the Independent Children's Lawyer and declined to appoint an additional expert family reporter.
The court further ordered that the respondent file and serve any material upon which she sought to rely by 4pm on 31 July 2015. Several of Ms Galbraith's specific requests, including those for an adjournment of at least four months, leave to amend orders, and specific directions regarding the children's interviews and financial matters, were refused and discharged.
The primary legal issues before the court were whether to grant Ms Galbraith's request for an adjournment of the hearing dates to allow her time to prepare her case as a self-represented litigant, and whether to discharge the Independent Children's Lawyer or appoint an additional expert family reporter. The court also considered various other requests made by Ms Galbraith, including those relating to the submission of evidence, amendment of orders, disclosure of Mr Galbraith's addresses, and the children's wishes and evidence.
Faulks DCJ refused Ms Galbraith's application to vacate the hearing dates entirely. Instead, the court ordered that the hearing would proceed on the scheduled dates but would be adjourned upon completion of the applicant's evidence, her witnesses, and the cross-examination of Ms B. The matter was then adjourned to 31 August 2015, and potentially 1 and 2 September 2015, to deal with the respondent's case and any reply. The court also refused to discharge the Independent Children's Lawyer and declined to appoint an additional expert family reporter.
The court further ordered that the respondent file and serve any material upon which she sought to rely by 4pm on 31 July 2015. Several of Ms Galbraith's specific requests, including those for an adjournment of at least four months, leave to amend orders, and specific directions regarding the children's interviews and financial matters, were refused and discharged.
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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Appeal
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Costs
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Discovery
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
GALBRAITH & GALBRAITH [2015] FamCA 604
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