McDougall and McDougall

In the matter of McDougall and McDougall, Judge Harman presided over proceedings concerning family law. The dispute involved an application by the Applicant and Respondent, with an Independent Children’s Lawyer also participating. The court was tasked with determining the future arrangements for the parties and any children involved, as well as managing the procedural aspects of the case leading up to a final hearing.

The court was required to consider several legal issues, including whether to order a Family Report, the timelines for filing and serving affidavit material, and the preparation of case outlines. It also had to address the process for tendering evidence, the creation of a chronology of events, and the development of a draft trial plan to ensure the efficient use of allocated court time. Furthermore, the court needed to rule on the issuance and compliance with subpoenas, and the finalisation of interim orders based on terms of settlement.

Judge Harman declined to order a Family Report, instead directing the parties and the Independent Children’s Lawyer to file and serve all affidavit material by a specified date. The court also mandated the filing of case outlines, incorporating relied-upon material, documents for tender, a chronology, and a draft trial plan. Leave was granted for parties to resolve the matter by consent and have orders made in chambers. The court also stipulated strict timelines for the issuance and inspection of documents obtained via subpoena, indicating no time would be available for inspection during the hearing. Interim orders were made by consent in accordance with terms of settlement, and the subpoena addressed to the Proper Officer was struck out. Material produced by Anglicare was ordered to be returned to that service.