Leroux and Leroux & Ors (No 3)

Case

[2016] FamCA 696

5 July 2016


Details
AGLC Case Decision Date
Leroux and Leroux & Ors (No 3) [2016] FamCA 696 [2016] FamCA 696 5 July 2016

CaseChat Overview and Summary

In *Leroux and Leroux & Ors (No 3)* [2016] FamCA 696, Benjamin J of the Family Court of Australia considered applications by the applicant father and the second and third respondents for extensions of time to file trial material. The proceedings also involved applications concerning the photocopying of school documents, the issuance of a further subpoena to a school, and the filing of a trial plan.

The court was required to determine whether to grant the applications for extensions of time for filing trial material, whether to grant leave for parties to photocopy school documents and for the applicant to issue a further subpoena to the school, and whether to confirm or set aside orders made by a Registrar concerning the appointment of a single expert to value property and related injunctive orders. The appeal by the applicant father was by way of a hearing de novo of the Registrar's orders.

Benjamin J granted the applications for extensions of time by consent, requiring all parties to file and serve their affidavit material by 1 August 2016. Leave was granted for the parties to photocopy all school documents, including those relating to financial issues, and the applicant was granted leave to issue a further subpoena to the school if previously produced documents were no longer available. The appeal against the Registrar's orders was dismissed, and the court confirmed the Registrar's orders. These confirmed orders included the appointment of a Quantity Surveyor as a single expert to value specific land, instructions for that expert to be provided via a joint letter, and directions for the applicant to sign and return the letter within seven days, with the first respondent's solicitors authorised to sign it on the applicant's behalf if he failed to do so.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Expert Evidence

  • Injunction

  • Jurisdiction

  • Procedural Fairness

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