Maassen and Maassen

Case

[2018] FCCA 3683

29 October 2018


Details
AGLC Case Decision Date
Maassen and Maassen [2018] FCCA 3683 [2018] FCCA 3683 29 October 2018

CaseChat Overview and Summary

In the matter of *Maassen and Maassen*, Judge Jarrett of the Federal Circuit Court of Australia considered orders relating to a dispute between the parties concerning property adjustment. The proceedings involved the appointment of a court expert and the parties' participation in mediation.

The court was required to determine the terms of expert evidence, the process for mediation, and the disclosure obligations of the parties in preparation for that mediation. Specifically, the court needed to address the appointment of a psychiatric expert, the timing and conduct of mediation, and the provision of various documents and information to the mediator and the other party.

Judge Jarrett ordered the discharge of previous orders and appointed Dr B as a court expert to prepare a psychiatric opinion of the respondent, with the costs to be borne by the applicant. The parties were directed to attend and participate genuinely in mediation regarding property adjustment, with their attendance at a conciliation conference excused. The mediation was to be completed by 26 February 2019, with the mediator to be agreed by the parties or appointed by the Court. Extensive disclosure obligations were imposed on both parties, including the provision of documents to the mediator and the other party, compliance with superannuation regulations, and the preparation of a property schedule. The matter was adjourned for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Privilege

  • Costs

  • Remedies

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Most Recent Citation
LOOMIS & PATTISON [2020] FCCA 345

Cases Citing This Decision

1

LOOMIS & PATTISON [2020] FCCA 345
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