Gibson and Killen (No 2)
Case
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[2016] FamCA 234
•23 March 2016
Details
AGLC
Case
Decision Date
Gibson and Killen (No 2) [2016] FamCA 234
[2016] FamCA 234
23 March 2016
CaseChat Overview and Summary
In *Gibson and Killen (No 2)*, the proceeding before Cronin J concerned an application by the mother, which was to proceed on an undefended basis. The father's application was dismissed.
The court was required to determine whether to discharge or vary existing orders concerning the evidence of the mother, specifically in relation to section 69ZT(3) of the *Family Law Act 1975* (Cth), and to decide the future conduct of the mother's amended application.
Cronin J discharged paragraph 9 of the previous orders and varied paragraph 10 to limit the application of section 69ZT(3) to the mother's evidence in chief. The mother's amended application was permitted to proceed undefended, subject to further orders of the trial judge. The costs of the mother and the Independent Children’s Lawyer were reserved to the trial.
The court was required to determine whether to discharge or vary existing orders concerning the evidence of the mother, specifically in relation to section 69ZT(3) of the *Family Law Act 1975* (Cth), and to decide the future conduct of the mother's amended application.
Cronin J discharged paragraph 9 of the previous orders and varied paragraph 10 to limit the application of section 69ZT(3) to the mother's evidence in chief. The mother's amended application was permitted to proceed undefended, subject to further orders of the trial judge. The costs of the mother and the Independent Children’s Lawyer were reserved to the trial.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Procedural Fairness
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Appeal
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Remedies
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