Lander and Bradbury
Case
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[2018] FamCA 960
•19 November 2018
Details
AGLC
Case
Decision Date
Lander and Bradbury [2018] FamCA 960
[2018] FamCA 960
19 November 2018
CaseChat Overview and Summary
In the matter of *Lander and Bradbury*, heard by Gill J, the dispute concerned applications relating to the attendance of Ms E Bradbury to give evidence and the filing of affidavit material in ongoing proceedings. The Father sought to have Ms Bradbury attend proceedings by telephone link, while the Mother sought to have Ms Bradbury attend in person. The Mother also sought to rely on affidavit material in response to the Father's Application in a Case, which had been adjourned.
The court was required to determine whether to dismiss the Notice of Objection to Ms Bradbury attending proceedings by telephone, and whether to grant permission for her to do so. Additionally, the court had to consider the Mother's application for Ms Bradbury to attend in person, and the Mother's application to file and serve affidavit material in response to the Father's adjourned application. The court also had to consider directions for the filing of documents and the potential for an adjournment.
Gill J dismissed the Notice of Objection in relation to the subpoena addressed to Ms Bradbury, granting permission for her to attend the contravention proceedings by telephone link. However, the Mother's application for Ms Bradbury to attend the interim proceedings in person was refused. Permission for the Mother to file and serve affidavit material in response to the Father's adjourned application was also refused. The Mother was granted permission to file a response to the Father's Application in a Case by a specified date, and liberty to file an application for adjournment and supporting material. The Father's and Ms Bradbury's applications for costs were reserved.
The court was required to determine whether to dismiss the Notice of Objection to Ms Bradbury attending proceedings by telephone, and whether to grant permission for her to do so. Additionally, the court had to consider the Mother's application for Ms Bradbury to attend in person, and the Mother's application to file and serve affidavit material in response to the Father's adjourned application. The court also had to consider directions for the filing of documents and the potential for an adjournment.
Gill J dismissed the Notice of Objection in relation to the subpoena addressed to Ms Bradbury, granting permission for her to attend the contravention proceedings by telephone link. However, the Mother's application for Ms Bradbury to attend the interim proceedings in person was refused. Permission for the Mother to file and serve affidavit material in response to the Father's adjourned application was also refused. The Mother was granted permission to file a response to the Father's Application in a Case by a specified date, and liberty to file an application for adjournment and supporting material. The Father's and Ms Bradbury's applications for costs were reserved.
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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Appeal
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Costs
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Discovery
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Procedural Fairness
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Citations
Lander and Bradbury [2018] FamCA 960
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