Nejem and Nejem
Case
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[2019] FamCA 113
•5 March 2019
Details
AGLC
Case
Decision Date
Nejem and Nejem [2019] FamCA 113
[2019] FamCA 113
5 March 2019
CaseChat Overview and Summary
The case of *Nejem and Nejem* involved an application before Cronin J concerning family law proceedings. The dispute centred on the arrangements for children, with applications for both interim and final orders filed by the wife on 30 November 2018, and a response filed by the husband on 3 January 2019.
The court was required to determine the procedural steps necessary to advance the proceedings towards a final hearing. This included consolidating the interim and final applications, adjourning the existing applications for a final hearing, and establishing a strict timetable for the filing and service of evidence and amended applications by both parties. Furthermore, the court needed to address the appointment of an Independent Children's Lawyer and the preparation of a family report by a nominated family consultant, outlining specific areas of inquiry for the consultant.
Cronin J ordered the consolidation of the interim and final applications and adjourned them for a final hearing before Justice Williams on 2 May 2019. The court mandated that evidence in chief be given by affidavit, with provisions for electronic witness testimony upon appropriate notice. A detailed timetable was set for the exchange of amended applications and affidavits, including provisions for affidavits in reply. Crucially, the court ordered the appointment of an Independent Children's Lawyer and directed the parties to attend a family consultant for the preparation of a family report, specifying the consultant's remit to consider the children's emotional and psychological well-being in various scenarios, including potential relocation, cultural impact, and parental capacity, in accordance with section 60CC of the *Family Law Act 1975* (Cth). The court also granted leave for parties to issue subpoenas for documents and required the filing of a case outline by 30 April 2019. Non-compliance with the timetable could result in the case being relisted for case management.
The court was required to determine the procedural steps necessary to advance the proceedings towards a final hearing. This included consolidating the interim and final applications, adjourning the existing applications for a final hearing, and establishing a strict timetable for the filing and service of evidence and amended applications by both parties. Furthermore, the court needed to address the appointment of an Independent Children's Lawyer and the preparation of a family report by a nominated family consultant, outlining specific areas of inquiry for the consultant.
Cronin J ordered the consolidation of the interim and final applications and adjourned them for a final hearing before Justice Williams on 2 May 2019. The court mandated that evidence in chief be given by affidavit, with provisions for electronic witness testimony upon appropriate notice. A detailed timetable was set for the exchange of amended applications and affidavits, including provisions for affidavits in reply. Crucially, the court ordered the appointment of an Independent Children's Lawyer and directed the parties to attend a family consultant for the preparation of a family report, specifying the consultant's remit to consider the children's emotional and psychological well-being in various scenarios, including potential relocation, cultural impact, and parental capacity, in accordance with section 60CC of the *Family Law Act 1975* (Cth). The court also granted leave for parties to issue subpoenas for documents and required the filing of a case outline by 30 April 2019. Non-compliance with the timetable could result in the case being relisted for case management.
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