LENOX & MOTTOLA & RIGA‑GIORDANO (EX TEMPORE)

Case

[2013] FamCA 1173

9 September 2013


Details
AGLC Case Decision Date
LENOX & MOTTOLA & RIGA‑GIORDANO (EX TEMPORE) [2013] FamCA 1173 [2013] FamCA 1173 9 September 2013

CaseChat Overview and Summary

In the matter of *Lenox & Mottola & Riga‑Giordano (Ex Tempore)*, Hannam J of the Federal Circuit Court of Australia considered two applications for adjournment made by self-represented litigants. The applications were not opposed by the other parties involved in the proceedings. Both applicants sought a short adjournment to secure legal representation.

The primary legal issues before the Court were whether to grant the requested adjournments and, consequently, what directions were necessary to prepare the matter for a future hearing. The Court also had to consider the appropriate orders regarding the children's passports and the provision of further evidence from the parties.

Hannam J granted leave for a legal representative to appear for the third respondent and for that representative to withdraw from the proceedings. Crucially, the Court granted the adjournments sought by the father and mother, rescheduling the hearing for the week commencing 23 September 2013. In doing so, the Court issued detailed orders requiring the mother to file an amended response and a consolidated trial affidavit, which was to include her full criminal history and address her non-compliance with urinalysis testing, as well as annex a report from her General Practitioner. The mother's partner was also ordered to file an affidavit including his criminal history and rehabilitation history. Leave was granted to the father to file a further amended initiating application. The Court also made consent orders regarding the children's passports, including placing them on an Airport Watch List and outlining the process for obtaining their passports, with specific responsibilities assigned to each parent. The matter was adjourned for further hearing, with specific dates allocated for the Family Consultant to give evidence and for the Independent Children's Lawyer to present material on the criminal histories of the mother and her partner. The mother was also put on notice regarding potential future drug testing.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1