Masters and Gaskell
Case
•
[2016] FCCA 2401
•15 September 2016
Details
AGLC
Case
Decision Date
Masters and Gaskell [2016] FCCA 2401
[2016] FCCA 2401
15 September 2016
CaseChat Overview and Summary
In the matter of Masters and Gaskell, heard before Judge Harland, the dispute concerned an application filed on 7 January 2015. The specific nature of the dispute is not detailed in the provided text, beyond the fact that it led to an application and subsequent orders regarding costs and the dissemination of reports.
The court was required to determine the disposition of the application filed in January 2015. Additionally, the court needed to establish a process for addressing applications for costs, including the timelines for parties to file and serve written submissions, and to consider whether an oral hearing concerning costs would be necessary. The court also had to decide on the father's ability to share specific reports and the court's reasons with medical and counselling professionals.
Judge Harland dismissed the application filed on 7 January 2015. The court then set out a detailed timetable for the parties to address costs, requiring the respondents to file submissions by 6 October 2016 if pursuing costs, and the father to respond with submissions and a financial statement by 27 October 2016. Parties were granted liberty to apply for an oral hearing on costs by 13 October 2016. Furthermore, the father was permitted to provide copies of the reports from Dr D, Dr E, and Mr T, along with the court's reasons, to any counsellor or medical professional he might consult. The existing orders from 26 July 2012 were confirmed to remain in full force.
The court was required to determine the disposition of the application filed in January 2015. Additionally, the court needed to establish a process for addressing applications for costs, including the timelines for parties to file and serve written submissions, and to consider whether an oral hearing concerning costs would be necessary. The court also had to decide on the father's ability to share specific reports and the court's reasons with medical and counselling professionals.
Judge Harland dismissed the application filed on 7 January 2015. The court then set out a detailed timetable for the parties to address costs, requiring the respondents to file submissions by 6 October 2016 if pursuing costs, and the father to respond with submissions and a financial statement by 27 October 2016. Parties were granted liberty to apply for an oral hearing on costs by 13 October 2016. Furthermore, the father was permitted to provide copies of the reports from Dr D, Dr E, and Mr T, along with the court's reasons, to any counsellor or medical professional he might consult. The existing orders from 26 July 2012 were confirmed to remain in full force.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Appeal
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Discovery
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Procedural Fairness
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Citations
Masters and Gaskell [2016] FCCA 2401
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
SPS & PLS
[2008] FamCAFC 16
Marsden & Winch
[2009] FamCAFC 152