Hawley and Wiggins
Case
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[2018] FamCA 652
•8 August 2018
Details
AGLC
Case
Decision Date
Hawley and Wiggins [2018] FamCA 652
[2018] FamCA 652
8 August 2018
CaseChat Overview and Summary
This matter concerned orders made by Bennett J in proceedings between Hawley and Wiggins. The dispute involved the production and inspection of documents, the use of taped telephone communications, and the father's application in a case. The court also addressed the father's compliance with an undertaking of disclosure and the provision of documents for a psychiatric assessment.
The court was required to determine the timelines for the return and inspection of documents produced by subpoena, the procedure for parties to photocopy such documents, and the retention of these documents by the court registry. Further issues included the process for parties to produce extracts of taped telephone communications for use in court, the notification requirements for lodging these recordings, and the ability for parties to listen to recordings produced by others. The court also needed to set a hearing date for the father's application in a case and establish a deadline for responses and supporting affidavit evidence. Finally, the court considered an extension of time for the father's compliance with an undertaking of disclosure and the procedure for providing documents to a psychiatrist for assessment.
Bennett J made detailed orders to manage the procedural aspects of the case. These included specific dates for the return of subpoenas, completion of inspection, and applications for photocopying. The court directed that subpoenaed documents be retained by the registry. For taped telephone communications, parties were ordered to lodge extracts they intended to rely upon by a specified date and notify the court's associate. The court also allowed parties to listen to these recordings prior to the hearing. The father's application in a case was set down for hearing, with a deadline for responses. An extension of time was granted for the father's undertaking of disclosure. Finally, parties were ordered to provide documents to a psychiatrist for assessment, accompanied by an index, by a set date.
The court was required to determine the timelines for the return and inspection of documents produced by subpoena, the procedure for parties to photocopy such documents, and the retention of these documents by the court registry. Further issues included the process for parties to produce extracts of taped telephone communications for use in court, the notification requirements for lodging these recordings, and the ability for parties to listen to recordings produced by others. The court also needed to set a hearing date for the father's application in a case and establish a deadline for responses and supporting affidavit evidence. Finally, the court considered an extension of time for the father's compliance with an undertaking of disclosure and the procedure for providing documents to a psychiatrist for assessment.
Bennett J made detailed orders to manage the procedural aspects of the case. These included specific dates for the return of subpoenas, completion of inspection, and applications for photocopying. The court directed that subpoenaed documents be retained by the registry. For taped telephone communications, parties were ordered to lodge extracts they intended to rely upon by a specified date and notify the court's associate. The court also allowed parties to listen to these recordings prior to the hearing. The father's application in a case was set down for hearing, with a deadline for responses. An extension of time was granted for the father's undertaking of disclosure. Finally, parties were ordered to provide documents to a psychiatrist for assessment, accompanied by an index, by a set date.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Discovery
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Costs
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Limitation Periods
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Procedural Fairness
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Standing
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Appeal
Actions
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Citations
Hawley and Wiggins [2018] FamCA 652
Most Recent Citation
Hawley and Wiggins (No 2) [2019] FamCA 777
Cases Cited
0
Statutory Material Cited
0