Jackson and Balen

Case

[2011] FamCA 519

6 July 2011


Details
AGLC Case Decision Date
Jackson and Balen [2011] FamCA 519 [2011] FamCA 519 6 July 2011

CaseChat Overview and Summary

In the matter of *Jackson and Balen*, heard before Le Poer Trench J, the primary dispute concerned the husband's application to give testimony via video link. The wife opposed this application.

The central legal issue before the Court was whether to grant the husband permission to give evidence remotely, pursuant to section 102C of the *Family Law Act 1975* (Cth). This required the Court to consider the circumstances and justifications for such an arrangement.

Le Poer Trench J reasoned that permitting the husband to give evidence by video link was appropriate in this instance. The Court ordered that the husband be permitted to give his testimony via video link. Furthermore, the husband was directed to file and serve an affidavit detailing his proposed implementation of the Court's orders within 28 days. Finally, the husband was made responsible for all costs associated with the video link.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Jurisdiction

Actions
Download as PDF Download as Word Document

Most Recent Citation
BOCCA & MARTENS [2016] FamCA 1074

Cases Citing This Decision

1

BOCCA & MARTENS [2016] FamCA 1074
Cases Cited

3

Statutory Material Cited

2

Hillier and Hillier [2010] FamCA 900
ASIC v Rich [2004] NSWSC 1089