Grier & Grier

Case

[2021] FCCA 804

17 March 2021


Details
AGLC Case Decision Date
Grier & Grier [2021] FCCA 804 [2021] FCCA 804 17 March 2021

CaseChat Overview and Summary

In the matter of *Grier & Grier*, heard by Purdon-Sully J, Mr Grier was the applicant and Ms Grier was the respondent. The proceedings concerned parenting arrangements for the parties' two children, X (born 2014) and Y (born 2016).

The court was required to determine the specific directions for the proceedings, including the preparation of a Family Report, the filing and service of evidence, and the procedure for objections to evidence. The court also needed to set a timetable for these procedural steps and outline the consequences of non-compliance.

The court ordered that the parties and their children attend upon a family report writer, Ms B, for the purpose of obtaining a Family Report pursuant to s.62G of the *Family Law Act 1975*. Ms B was to be provided with a joint letter of instructions and a copy of a previous report, and granted leave to inspect subpoenaed documents. Ms B was directed to provide a written report to the court and parties, which may include identification of issues for the children, consideration of factors under s.60CC of the Act, and recommendations for programs to assist co-parenting. The cost of the report was to be shared equally.

By consent, the court also made directions for the hearing, including the payment of hearing fees, the filing and service of evidence affidavits and witness affidavits, and the filing of reply affidavits. A timetable was set for the filing and service of subpoenas and the production and inspection of subpoenaed documents. Parties were required to file a Case Outline detailing issues, proposed orders, chronology, relied-upon documents, and evidence supporting relevant sections of the Act. Notice requirements were established for parties intending to cross-examine the family report writer or court expert. The court stipulated that failure to comply with these orders could result in costs orders, summary dismissal of applications or responses, or summary final orders. Finally, parties were directed to provide written notice to the Associate to Judge Purdon-Sully regarding trial arrangements, including counsel briefed, witnesses, prospects of settlement, and any other relevant information.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Standing

  • Summary Judgment

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