Harlow & Astin

Case

[2009] FamCA 182

19 February 2009


Details
AGLC Case Decision Date
Harlow & Astin [2009] FamCA 182 [2009] FamCA 182 19 February 2009

CaseChat Overview and Summary

In *Harlow & Astin*, heard by Barry J in the Family Court of Australia, the dispute concerned applications by both the Mother and the Father regarding the living arrangements and supervised contact of their child. The Mother sought liberty to reopen the issue of who the child should live with, while the Father applied for the cessation of supervised time between the child and the Mother.

The court was required to determine the procedural steps necessary for the resolution of these competing applications. Specifically, it needed to establish timelines for the filing and service of material by both parties in support of their respective claims, and to address the Father's application for a subpoena to the Gold Coast Contact Centre.

Barry J ordered that the proceedings be listed for a two-day trial commencing on 27 August 2009, with a directions compliance check scheduled for 3 July 2009. Directions were given for the Mother to file and serve material supporting her application to reopen the living arrangements by 12 June 2009, with the Father to respond by 27 June 2009. Similarly, the Father was to file and serve material supporting his application to cease supervised contact by 12 June 2009, with the Mother to respond by 27 June 2009. Leave was granted for the Father's legal representatives to issue a subpoena to the Gold Coast Contact Centre, returnable by 27 June 2009, and both parties were given leave to inspect and copy the subpoenaed documentation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Discovery

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