Gatlin and Lance

Case

[2019] FamCA 761

22 October 2019


Details
AGLC Case Decision Date
Gatlin and Lance [2019] FamCA 761 [2019] FamCA 761 22 October 2019

CaseChat Overview and Summary

This matter concerned applications for final orders between Gatlin and Lance. The decision was made by Johns J.

The court was required to determine the procedural steps necessary to bring the applications for final orders to a hearing. This included setting timelines for the filing of amended applications and responses, the provision of discovery, and the preparation of summaries of disputed issues. The court also addressed the appointment of a single expert to provide evidence on the value of the mother's immigration status and entitlement to government benefits, and the allocation of costs for this expert.

Johns J directed that all extant applications for final orders be allocated to the judicial docket of Justice Williams for listing for a final hearing. A trial management hearing was scheduled before Justice Williams to facilitate this listing. Specific deadlines were imposed for the applicant and first respondent to file and serve amended applications and responses, detailing the precise orders sought. Parties were also ordered to file and serve a summary of disputed legal and factual issues, and to complete discovery and disclosure by specified dates. The court also stipulated that any party wishing to engage in negotiation or mediation should make arrangements prior to the final hearing. Furthermore, parties represented by legal practitioners were required to provide a statement of costs incurred and anticipated at the commencement of the final hearing. The court also made detailed orders regarding the appointment of a single expert on the mother's immigration status and government benefits, including a mechanism for appointment in default of agreement and the equal sharing of the expert's costs.
Details

Areas of Law

  • Civil Procedure

  • Family Law

  • Immigration

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2