Mettrick and Mettrick

Case

[2009] FamCA 990

22 June 2009


Details
AGLC Case Decision Date
Mettrick and Mettrick [2009] FamCA 990 [2009] FamCA 990 22 June 2009

CaseChat Overview and Summary

This matter came before Justice Bennett concerning proceedings between the applicant wife and the respondent husband. The dispute involved the final hearing of the proceedings, the exchange of evidence, and interim arrangements for the children.

The court was required to determine the date for the final hearing, set deadlines for the filing and service of amended applications, responses, and supporting evidence by each party and the independent children's lawyer. Further issues included the filing of a statement of allegations of child abuse or mistreatment and/or domestic violence, interim telephone communication arrangements between the husband and the children, and the location for changeovers. The court also needed to address the preparation of a Family Report by a Family Consultant, including the consultant's access to court documents and discretion in interviewing individuals, and the provision of authorities for the consultant to discuss parties' psychological or counselling matters. Additionally, the parties were directed to peruse subpoenaed documents for trial preparation and the compilation of a court book.

By consent, the court ordered that the husband and wife engage a valuer for the former matrimonial home and follow the valuer's directions, with the cost to be paid from the home's redraw facility. They were also to advise each other of car valuations and any objections. The wife was ordered to provide the husband with specific bank and joint account statements, and the husband was ordered to provide the wife with statements for a Commonwealth Visa account. The final hearing was scheduled to commence on 1 September 2009, with interim telephone contact and changeover arrangements also stipulated.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Standing

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