Materanzi and Suskain (No 2)

Case

[2013] FamCA 810

11 September 2013


Details
AGLC Case Decision Date
Materanzi and Suskain (No 2) [2013] FamCA 810 [2013] FamCA 810 11 September 2013

CaseChat Overview and Summary

In proceedings between the mother, Materanzi, and the father, Suskain, concerning parenting arrangements for their child, the mother orally applied to adjourn the final hearing. This application was based on her inability to secure legal representation and her recent discovery that Legal Aid had refused her application. The father and the independent children's lawyer opposed the adjournment. The court, presided over by Aldridge J, considered the long history of the proceedings and the father's significant proposed changes to existing parenting arrangements.

The court was required to determine whether to grant the mother's application for an adjournment of the final hearing in the interests of justice, and also to consider an interim application by the independent children's lawyer to suspend the child's time with the mother on Thursdays, given evidence of difficult and conflict-ridden changeovers.

Aldridge J determined that the adjournment of the final hearing was in the interests of justice, granting the mother's application and allocating new hearing dates. Regarding the interim application, the court considered the best interests of the child and ordered that the Thursday time with the mother be suspended pending further order. The court also made various procedural orders, including granting leave to inspect subpoenaed material, vacating the current hearing, fixing new hearing dates, setting deadlines for affidavit material, and making interim consent orders regarding the child's time with the mother. An updated family report was ordered, and liberty was granted to the independent children's lawyer to restore the matter to the list and issue necessary subpoenas. The court noted the availability of the CART system for the mother and that the hearing would proceed on 20 February 2014 regardless of her legal representation. Costs of the independent children's lawyer against the mother were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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