Glasson & Drover & Anor
Case
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[2014] FamCA 1191
•22 December 2014
Details
AGLC
Case
Decision Date
Glasson & Drover [2014] FamCA 1191
[2014] FamCA 1191
22 December 2014
CaseChat Overview and Summary
In *Glasson & Drover & Anor*, Loughnan J considered an application by the applicant for permission to adduce evidence from a second expert, or alternatively, for the provision of documents to the existing expert to allow for further questions. The respondents opposed these requests. The proceedings also involved an application to vary interim parenting orders, which the respondents also opposed.
The court was required to determine whether to grant the applicant leave to obtain further expert advice, and if so, the procedure for facilitating this. Additionally, the court had to consider the applicant's request to vary the interim parenting arrangements in light of the best interests of the children.
Regarding the expert evidence, the court permitted the applicant to provide relevant documents to a second expert to obtain advice. The orders detailed a specific process for identifying the subpoena material, allowing the respondents and the Independent Children’s Lawyer to raise disputes, and granting the Independent Children’s Lawyer access to photocopy the relevant material. This material was then to be provided to the second expert and the first respondent's solicitor. The court also made consent orders regarding interim parenting arrangements for specific dates, and otherwise dismissed the applicant's application to vary the interim orders. The proceedings were fixed for a ten-day hearing, with directions given for the filing and service of lay witness evidence, the provision of case outlines, and the preparation of a chronology by the Independent Children’s Lawyer.
The court was required to determine whether to grant the applicant leave to obtain further expert advice, and if so, the procedure for facilitating this. Additionally, the court had to consider the applicant's request to vary the interim parenting arrangements in light of the best interests of the children.
Regarding the expert evidence, the court permitted the applicant to provide relevant documents to a second expert to obtain advice. The orders detailed a specific process for identifying the subpoena material, allowing the respondents and the Independent Children’s Lawyer to raise disputes, and granting the Independent Children’s Lawyer access to photocopy the relevant material. This material was then to be provided to the second expert and the first respondent's solicitor. The court also made consent orders regarding interim parenting arrangements for specific dates, and otherwise dismissed the applicant's application to vary the interim orders. The proceedings were fixed for a ten-day hearing, with directions given for the filing and service of lay witness evidence, the provision of case outlines, and the preparation of a chronology by the Independent Children’s Lawyer.
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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Expert Evidence
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Procedural Fairness
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Costs
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Discovery
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Citations
Glasson & Drover [2014] FamCA 1191
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