Mayer and Stratfield and Anor

Case

[2013] FamCA 833

17 October 2013


Details
AGLC Case Decision Date
Mayer and Stratfield and Anor [2013] FamCA 833 [2013] FamCA 833 17 October 2013

CaseChat Overview and Summary

This matter came before Johns J concerning applications for final orders between the applicant, Mayer, and the first respondent, Stratfield, and a second respondent. The precise nature of the dispute is not detailed, but the orders indicate it involves financial circumstances and the preparation of a family report concerning two children, B and C.

The court was required to determine the procedural steps necessary to prepare the case for a final hearing. This included setting timelines for the filing and service of evidence-in-chief by affidavit for all parties, including the applicant, the first respondent, and the second respondent. The court also needed to address the preparation and filing of financial statements, the Independent Children’s Lawyer's material, and any affidavits in reply. Furthermore, directions were given regarding the preparation of a family report, potential objections to evidence, and the electronic filing of various documents by the parties' practitioners prior to the commencement of the hearing.

Johns J directed that all evidence-in-chief be given by affidavit and set strict deadlines for the filing and service of these affidavits by each party. The court also mandated the filing of financial statements compliant with chapter 13 of the Family Law Rules by the applicant and the first respondent. A family report was ordered to be prepared by Ms E, with the parties, the children, and Ms D to attend upon her. The court also provided directions for the Independent Children’s Lawyer and allowed parties to issue subpoenas for documents. Provisions were made for parties to approach the registrar to vary obligations and for the court to relist the case or proceed on an undefended basis should a party fail to comply with the orders.

The final orders adjourned the applications for final orders for hearing on 12 May 2014, noting it as a seven-day matter. The court also listed the matter for mention on 2 April 2014.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Standing

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