Lansa and Clovelly

Case

[2009] FamCA 1204

24 November 2009


Details
AGLC Case Decision Date
Lansa and Clovelly [2009] FamCA 1204 [2009] FamCA 1204 24 November 2009

CaseChat Overview and Summary

In the matter of *Lansa and Clovelly*, heard before Murphy J, the dispute concerned an application by the father for an adjournment of the final hearing.

The court was required to determine whether to grant the father's oral application to adjourn the final hearing. Further, the court had to consider whether to grant leave for the parties to adduce oral evidence, specifically in relation to updated material from the mother and responding material from the father concerning an affidavit filed by the mother on 29 May 2008. Finally, the court needed to decide whether the mother should be permitted to rely upon her affidavit filed on 7 October 2009.

Murphy J dismissed the father's application for an adjournment. The court granted leave for both parties to adduce oral evidence, permitting the mother to provide updated evidence and the father to provide evidence responding to the mother's affidavit of 29 May 2008. However, the mother was not permitted to rely upon her affidavit filed on 7 October 2009.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Procedural Fairness

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