FEDERAL CIRCUIT COURT OF AUSTRALIA
| MILLER & MILLER (No.2) | [2014] FCCA 846 |
| Catchwords: FAMILY LAW – Application for stay of interim parenting orders and further interim orders – application dismissed – application for leave to bring oral application for interim orders refused – Trial dates given – costs reserved. |
| Legislation: Family Law Act 1975, ss.60B, 61DA, 65DAA |
| The Commissioner of Taxation of the Commonwealth of Australia v Myer Emporium Limited[1986] HCA 13 SCVG & KLD [2014] FamCAFC 42 |
| Applicant: | MS MILLER |
| Respondent: | MR MILLER |
| File Number: | BRC 12122 of 2007 |
| Judgment of: | Judge Purdon-Sully |
| Hearing date: | 12 March 2014 |
| Date of Last Submission: | 12 March 2014 |
| Delivered at: | Brisbane |
| Delivered on: | 29 April 2014 |
REPRESENTATION
| Counsel for the Applicant: | Mr J Bunning |
| Solicitors for the Applicant: | Brown Lawyers |
| Counsel for the Respondent: | Mr T Kirk QC |
| Solicitors for the Respondent: | Keating Lehn Solicitors |
ORDERS
That the mother’s Application in a Case filed 4 March 2014 be dismissed.
That the question of costs of the Application in a Case filed 4 March 2014 be reserved to trial.
That this matter be certified as appropriate for Counsel.
Hearing date
That the matter be set down for final hearing for not more than two (2) days commencing at 10.00am on 28 and 29 October 2014 in the Federal Circuit Court of Australia at Brisbane.
Directions for hearing
That the Applicant pay any hearing fee or seek a waiver of the fee by no later than 4.00pm on 30 September 2014.
That each party file and serve on each other party by no later than 4.00pm on 30 September 2014:
(a)one affidavit setting out any further evidence in chief; and
(b)one affidavit of each witness intended to be relied upon at trial.
That each party file and serve on each other party by no later than 4.00pm on 14 October 2014 a Case Outline setting out:
(a)a precise minute of the final orders sought;
(b)a relevant chronology;
(c)a list of Affidavits and Applications and/or Responses (where appropriate) intended to be relied upon at trial; and
(d)a statement of evidence which they say supports the principles contained in section 60CC of the Family Law Act1975.
That no party shall be entitled to rely on any Affidavit material not filed…
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- AGLC
- Miller and Miller (No.2) [2014] FCCA 846
- Case
- [2014] FCCA 846
- Decision Date
CaseChat Overview and Summary
The court was tasked with considering the mother's application and making orders regarding its dismissal, the costs associated with it, and the procedural steps necessary for the final hearing of the matter. This included determining the appropriateness of certifying the matter for counsel and setting a date and duration for the final hearing.
Purdon-Sully J dismissed the mother's application. The court also reserved the question of costs for the application to the final trial. Directions were issued for the conduct of the final hearing, including deadlines for filing and serving evidence, case outlines, and notice to the family report writer if cross-examination was intended. The matter was certified as appropriate for counsel and scheduled for a two-day final hearing commencing on 28 October 2014.
Orders
Orders of the court
1.
That the mother’s Application in a Case filed 4 March 2014 be dismissed.
2.
That the question of costs of the Application in a Case filed 4 March 2014 be reserved to trial.
3.
That this matter be certified as appropriate for Counsel.
Hearing date
4.
That the matter be set down for final hearing for not more than two (2) days commencing at 10.00am on 28 and 29 October 2014 in the Federal Circuit Court of Australia at Brisbane.
Directions for hearing
5.
That the Applicant pay any hearing fee or seek a waiver of the fee by no later than 4.00pm on 30 September 2014.
6.
That each party file and serve on each other party by no later than 4.00pm on 30 September 2014:
(a) one affidavit setting out any further evidence in chief; and
(b) one affidavit of each witness intended to be relied upon at trial.
7.
That each party file and serve on each other party by no later than 4.00pm on 14 October 2014 a Case Outline setting out:
(a) a precise minute of the final orders sought;
(b) a relevant chronology;
(c) a list of Affidavits and Applications and/or Responses (where appropriate) intended to be relied upon at trial; and
(d) a statement of evidence which they say supports the principles contained in section 60CC of the Family Law Act 1975.
8.
That no party shall be entitled to rely on any Affidavit material not filed and served in accordance with these directions without leave of the Court first had and obtained.
9.
That in the event that either party wishes to cross examine the family report writer at the final hearing, that party shall provide written notice to the family report writer of such intention by no later than 4.00pm on 7 October 2014.
10.
That in the event that no such notice is given to the report writer or the report writer is unavailable, the report will be admitted into evidence without cross examination.
Notice to Associate
11.
That each party provide written notice to the Associate to Judge Purdon-Sully by no later than 4.00pm on 21 October 2014 advising:
(a) the name of Counsel (if any) briefed to appear at trial;
(b) details of compliance with the trial directions contained herein;
(c) the number of witnesses required for trial;
(d) the prospects of the matter settling; and
(e) any other relevant information affecting the trial.
12.
That the parties be at liberty to apply within seven (7) days to be heard in relation to the trial directions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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