Moore and Moore (No 2)
Case
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[2009] FamCA 1296
•8 December 2009
Details
AGLC
Case
Decision Date
Moore and Moore (No 2) [2009] FamCA 1296
[2009] FamCA 1296
8 December 2009
CaseChat Overview and Summary
In the matter of *Moore and Moore (No 2)*, Strickland J of the Family Court of Australia was required to determine procedural matters concerning the conduct of a hearing. The dispute involved parties identified as the husband and the wife, with the court issuing orders to manage the progression of their case towards a final hearing.
The court was tasked with establishing a timetable for the exchange of evidence and documents. Specifically, it needed to set a date for the commencement of the hearing, deadlines for the filing and service of affidavits of evidence in chief by both the wife and the husband, and the provision of lists of documents intended for tender at the hearing. Furthermore, the court was required to order the husband to provide discovery of relevant documents in his possession or control to the wife.
Strickland J applied principles of case management to ensure the efficient and orderly progression of the proceedings. The court's reasoning focused on facilitating a fair hearing by ensuring timely disclosure of evidence and documents. The orders reflect a structured approach to litigation, requiring parties to prepare and present their cases within defined timeframes.
The court made specific orders regarding the listing of the hearing, the filing and service of affidavits and document lists by both parties, and the husband's obligation to provide discovery. These orders were designed to prepare the matter for a hearing commencing on 29 March 2010, with an estimated duration of four days.
The court was tasked with establishing a timetable for the exchange of evidence and documents. Specifically, it needed to set a date for the commencement of the hearing, deadlines for the filing and service of affidavits of evidence in chief by both the wife and the husband, and the provision of lists of documents intended for tender at the hearing. Furthermore, the court was required to order the husband to provide discovery of relevant documents in his possession or control to the wife.
Strickland J applied principles of case management to ensure the efficient and orderly progression of the proceedings. The court's reasoning focused on facilitating a fair hearing by ensuring timely disclosure of evidence and documents. The orders reflect a structured approach to litigation, requiring parties to prepare and present their cases within defined timeframes.
The court made specific orders regarding the listing of the hearing, the filing and service of affidavits and document lists by both parties, and the husband's obligation to provide discovery. These orders were designed to prepare the matter for a hearing commencing on 29 March 2010, with an estimated duration of four days.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Discovery
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Appeal
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Costs
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Citations
Moore and Moore (No 2) [2009] FamCA 1296
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
1