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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

3

Lambard & Lambard (No. 4) [2021] FamCA 47
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