McGlennan and Don
Case
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[2010] FamCA 333
•13 APRIL 2010
Details
AGLC
Case
Decision Date
McGlennan and Don [2010] FamCA 333
[2010] FamCA 333
13 APRIL 2010
CaseChat Overview and Summary
This matter concerned an application by the father in proceedings between McGlennan and Don. The proceedings involved the father, the mother, and the child M, born in September 2000. The court was presided over by Burr J.
The legal issues before the court included the father's application, the arrangements for the mother to spend time with the child, and the father's drug and alcohol testing. The court also considered the role and actions of the Independent Children's Lawyer, including their ability to relist the matter urgently, issue subpoenas, and file affidavits of evidence.
Burr J made several orders varying previous orders. The mother was granted specific time with the child each alternate Saturday, with particular conditions regarding activities and locations. The father was ordered to undergo random supervised drug and alcohol testing, with the frequency and type of testing to be determined by the Independent Children's Lawyer. Leave was granted to the Independent Children's Lawyer to issue a subpoena to Ms H for both the production of documents and to give evidence, and to file an affidavit of evidence in chief concerning events since the conclusion of the trial evidence. Further consideration of the father's application was adjourned.
The legal issues before the court included the father's application, the arrangements for the mother to spend time with the child, and the father's drug and alcohol testing. The court also considered the role and actions of the Independent Children's Lawyer, including their ability to relist the matter urgently, issue subpoenas, and file affidavits of evidence.
Burr J made several orders varying previous orders. The mother was granted specific time with the child each alternate Saturday, with particular conditions regarding activities and locations. The father was ordered to undergo random supervised drug and alcohol testing, with the frequency and type of testing to be determined by the Independent Children's Lawyer. Leave was granted to the Independent Children's Lawyer to issue a subpoena to Ms H for both the production of documents and to give evidence, and to file an affidavit of evidence in chief concerning events since the conclusion of the trial evidence. Further consideration of the father's application was adjourned.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
McGlennan and Don [2010] FamCA 333
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