FAMILY COURT OF AUSTRALIA
| LAMBARD & LAMBARD AND ORS | [2020] FamCA 789 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – Where the father seeks an adjournment of the final hearing to allow for the preparation of a single expert report in respect of the mother’s mental health – Where the paternal grandmother supports that Application – Where the father and the paternal grandmother contend the mother’s mental health is a live issue in the proceedings – Where the mother and the maternal grandmother oppose the Application – Where current interim Orders allow for the mother to spend time with the child while in the care of the maternal grandmother – Consideration of balancing fairness to the parties against efficiency of litigation process – Consideration of the main purpose of the Family Law Rules 2004 (Cth) – Whether the adjournment is appropriate – Orders made in accordance with the Application – Consideration of the question of cost of an additional expert report – Order made for the father to initially meet the cost of the single expert report. |
| Family Law Act 1975 (Cth) s 69ZQ Family Law Rules 2004 (Cth) r 1.04 |
| Ducatti & Tritton [2018] FamCA 979 |
| APPLICANT: | Mr Lambard |
| FIRST RESPONDENT: | Ms Lambard |
| SECOND RESPONDENT: | Ms Dabell |
| THIRD RESPONDENT: | Ms M Lambard |
| FILE NUMBER: | SYC | 2664 | of | 2020 |
| DATE DELIVERED: | 25 August 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland DCJ |
| HEARING DATE: | 25 August 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Christie SC |
| SOLICITOR FOR THE APPLICANT: | Linden Legal |
| COUNSEL FOR THE 1ST RESPONDENT: | Ms Lioumis |
| SOLICITOR FOR THE 1ST RESPONDENT: | McAuley Hawach Lawyers |
| COUNSEL FOR THE 2ND RESPONDENT: | Mr Kenny |
| SOLICITOR FOR THE 2ND RESPONDENT: | Matthews Folbigg Pty Ltd |
| COUNSEL FOR THE 3RD RESPONDENT: | Mr Harper |
| SOLICITOR FOR THE 3RD RESPONDENT: | Mitchell Lawyers |
Orders
The final hearing of this matter listed for five (5) days commencing on 31 August 2020 is adjourned for final hearing over seven (7) days commencing at 10.00am on 14 December 2020.
Within 14 days of the date of these Orders, the parties are to confer regarding the appointment of a single expert psychiatrist to provide a report concerning the mother’s mental health with the consultation to be in respect to:
(a) the identity of the single expert; and
(b) the letter of instruction; and
(c) Documentation to be provided to the single expert.
The costs of the single expert will initially be met by the father but that issue of payment will be finally determined at the hearing of the matter.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lambard & Lambard has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of…
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- AGLC
- Lambard and Lambard & Ors [2020] FamCA 789
- Case
- [2020] FamCA 789
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the management of evidence concerning the mother's mental health, specifically the need for expert psychiatric assessment. This involved determining the process for appointing a single expert psychiatrist, the content of the instructions to be provided to that expert, and the documentation that would be supplied. The court also had to consider the interim arrangement for the payment of the expert's fees.
McClelland DCJ ordered an adjournment of the final hearing to allow for the appointment of a single expert psychiatrist. The parties were directed to confer within 14 days regarding the selection of the expert, the terms of the letter of instruction, and the documents to be provided. The father was ordered to initially bear the costs of this expert, with the final determination of this cost allocation to be made at the final hearing. The final hearing was rescheduled to commence on 14 December 2020, with seven days allocated.
Orders
Orders of the court
1.
The final hearing of this matter listed for five (5) days commencing on 31 August 2020 is adjourned for final hearing over seven (7) days commencing at 10.00am on 14 December 2020.
2.
Within 14 days of the date of these Orders, the parties are to confer regarding the appointment of a single expert psychiatrist to provide a report concerning the mother’s mental health with the consultation to be in respect to:
(a) the identity of the single expert; and
(b) the letter of instruction; and
(c) Documentation to be provided to the single expert.
3.
The costs of the single expert will initially be met by the father but that issue of payment will be finally determined at the hearing of the matter.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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