HACKLEY & CALDECOTT
Case
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[2009] FamCA 1328
•14 December 2009
Details
AGLC
Case
Decision Date
HACKLEY & CALDECOTT [2009] FamCA 1328
[2009] FamCA 1328
14 December 2009
CaseChat Overview and Summary
In the matter of *Hackley & Caldecott*, heard before Murphy J, the parties sought directions regarding the further conduct of proceedings. The dispute concerned the welfare of children, and the court was asked to make orders concerning the filing and service of evidence and the adjournment of the proceedings to allow for the admission of a social assessment report.
The primary legal issue before the court was how to manage the proceedings to ensure that all relevant evidence, specifically a social assessment report prepared by Mr C, could be properly considered by the Family Court. This involved determining the appropriate procedural steps for obtaining leave to admit such a report and setting timelines for the parties to file and serve their respective evidence.
Murphy J, by consent of the parties, ordered an adjournment of the matter to the Magellan Directions Hearing list on 26 February 2010. This adjournment was specifically to enable the Independent Children’s Lawyer to seek leave from the Children’s Court to present the social assessment report of Mr C to the Family Court. Further, the court directed that all parties were to file and serve any affidavit material they intended to rely upon by 4.00pm on 12 February 2010, with the Independent Children’s Lawyer having until 4.00pm on 19 February 2010 to file and serve their material.
The primary legal issue before the court was how to manage the proceedings to ensure that all relevant evidence, specifically a social assessment report prepared by Mr C, could be properly considered by the Family Court. This involved determining the appropriate procedural steps for obtaining leave to admit such a report and setting timelines for the parties to file and serve their respective evidence.
Murphy J, by consent of the parties, ordered an adjournment of the matter to the Magellan Directions Hearing list on 26 February 2010. This adjournment was specifically to enable the Independent Children’s Lawyer to seek leave from the Children’s Court to present the social assessment report of Mr C to the Family Court. Further, the court directed that all parties were to file and serve any affidavit material they intended to rely upon by 4.00pm on 12 February 2010, with the Independent Children’s Lawyer having until 4.00pm on 19 February 2010 to file and serve their material.
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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Consent
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Discovery
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Citations
HACKLEY & CALDECOTT [2009] FamCA 1328
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