Lambard and Lambard & Ors
Case
•
[2020] FamCA 789
•25 August 2020
Details
AGLC
Case
Decision Date
Lambard and Lambard & Ors [2020] FamCA 789
[2020] FamCA 789
25 August 2020
CaseChat Overview and Summary
In *Lambard and Lambard & Ors*, heard by McClelland DCJ, the proceedings concerned a dispute between the parties, presumably relating to family law matters given the reference to a mother's mental health and the father's initial responsibility for expert costs. The matter was before the court for a final hearing.
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.
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.
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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Expert Evidence
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Costs
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Remedies
Actions
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Most Recent Citation
Lambard and Lambard & Ors (No 3) [2020] FamCA 879
Cases Citing This Decision
3
Lambard & Lambard (No. 4)
[2021] FamCA 47
Lambard and Lambard & Ors (No 3)
[2020] FamCA 879
Lambard and Lambard & Ors (No 2)
[2020] FamCA 858
Cases Cited
14
Statutory Material Cited
2
Ducatti and Tritton and Anor
[2018] FamCA 979
Gadde & Gadde
[2015] FamCA 617
Anton & Malitsa (No. 2)
[2009] FamCA 242