Grollo and Bilson
Case
•
[2017] FamCA 16
•10 January 2017
Details
AGLC
Case
Decision Date
Grollo and Bilson [2017] FamCA 16
[2017] FamCA 16
10 January 2017
CaseChat Overview and Summary
In the matter of Grollo and Bilson, heard by Cronin J, the dispute concerned both parenting and financial proceedings between the parties.
The court was required to determine the appropriate procedural approach to managing the extant proceedings, specifically whether the parenting and financial aspects should be heard separately or together, and to establish a timetable for the final hearing.
Cronin J ordered that the parenting aspect of all extant proceedings be bifurcated from the financial proceedings. The court then adjourned all applications and fixed them for a final hearing before Justice Cronin on 1 June 2017, to be treated as a three-day case, subject to any part-heard matters. The evidence in chief of all witnesses was to be given by affidavit, with specific deadlines set for the filing and service of affidavits by the applicant, respondent, and the Independent Children’s Lawyer. Leave was granted for parties to issue subpoenas for document production, with a requirement for legal practitioners to certify relevance. A comprehensive case outline, including issues in dispute, affidavits to be read, orders sought, objections to evidence, and a list of assets and liabilities, was to be filed electronically by 30 May 2017. The court also noted that non-compliance with the timetable could lead to the case being relisted for case management, and affidavits relied upon for previous hearings would not be admissible as evidence in chief without leave.
The court was required to determine the appropriate procedural approach to managing the extant proceedings, specifically whether the parenting and financial aspects should be heard separately or together, and to establish a timetable for the final hearing.
Cronin J ordered that the parenting aspect of all extant proceedings be bifurcated from the financial proceedings. The court then adjourned all applications and fixed them for a final hearing before Justice Cronin on 1 June 2017, to be treated as a three-day case, subject to any part-heard matters. The evidence in chief of all witnesses was to be given by affidavit, with specific deadlines set for the filing and service of affidavits by the applicant, respondent, and the Independent Children’s Lawyer. Leave was granted for parties to issue subpoenas for document production, with a requirement for legal practitioners to certify relevance. A comprehensive case outline, including issues in dispute, affidavits to be read, orders sought, objections to evidence, and a list of assets and liabilities, was to be filed electronically by 30 May 2017. The court also noted that non-compliance with the timetable could lead to the case being relisted for case management, and affidavits relied upon for previous hearings would not be admissible as evidence in chief without leave.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Procedural Fairness
-
Costs
-
Discovery
-
Jurisdiction
-
Appeal
Actions
Download as PDF
Download as Word Document
Citations
Grollo and Bilson [2017] FamCA 16
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1