GORMAN & KIRKLAND

Case

[2015] FCCA 2784

16 September 2015


Details
AGLC Case Decision Date
Gorman and Kirkland [2015] FCCA 2784 [2015] FCCA 2784 16 September 2015

CaseChat Overview and Summary

In the matter of *Gorman & Kirkland*, heard before Judge Scarlett, the applicants sought to vary an order made on 28 November 2014 and also sought an order directing the Registrar of the Brisbane Registry of the Court to issue a subpoena for documents to a Family Consultant, Ms E. The dispute concerned parenting orders and related procedural matters.

The court was required to determine whether to grant the application to vary the existing order and whether to issue the subpoena to Ms E. Additionally, the court had to consider the future conduct of the substantive application for parenting orders, specifically in relation to the evidence of Ms E.

Judge Scarlett dismissed both the application to vary Order 5(i) and the application for the subpoena directed to Ms E. The court noted that Ms E, a Family Consultant, would be required for cross-examination during the hearing of the substantive application for parenting orders. The remaining aspects of the Amended Application in a Case filed on 4 September 2015 were adjourned for further mention.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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