McElroy and Trowbridges (No 2)

Case

[2010] FamCA 427

19 May 2010


Details
AGLC Case Decision Date
McElroy and Trowbridges (No 2) [2010] FamCA 427 [2010] FamCA 427 19 May 2010

CaseChat Overview and Summary

This matter came before Dawe J concerning the children A and S, with the mother and father as the parties. The dispute involved applications for leave to issue subpoenas, directions regarding the reception of expert evidence, and the filing of evidence and case outlines. The court also made orders concerning the father's supervised time with the children and continued existing injunctions relating to parental conduct and the discussion of allegations.

The court was required to determine the terms upon which subpoenas could be issued to Families SA, the conditions for the reception of Dr C's report, and the timelines for the filing of evidence and case outlines. Further, the court needed to establish the arrangements for the father's supervised time with the children pending the conclusion of the trial, including the identity of supervisors and the location of handovers. The court also considered the continuation of existing injunctive orders.

Dawe J made orders by consent regarding the issuance of subpoenas to Families SA, subject to specific consents and timeframes. Directions were given for the father's solicitor to notify the Independent Children's Lawyer about the father's consent to Dr C's report being received without the need for oral evidence. The court set deadlines for the filing and service of affidavits of evidence-in-chief and final case outlines, and adjourned the matter for a compliance check. The court also ordered supervised time for the father with the children each Sunday, with specific conditions regarding the supervisors and handover arrangements. Existing injunctions restraining physical discipline, denigration of a parent, and substance abuse were continued, as were injunctions preventing the discussion of sexual abuse allegations with the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Consent

  • Discovery

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

MRR v GR [2010] HCA 4