Lander and Bradbury

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

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