Noack and Noack

Case

[2019] FamCA 82

21 February 2019


Details
AGLC Case Decision Date
Noack and Noack [2019] FamCA 82 [2019] FamCA 82 21 February 2019

CaseChat Overview and Summary

In the matter of *Noack and Noack*, Cronin J considered applications concerning children. The dispute involved an oral application for a change of residence and an application filed by the father on 24 January 2019.

The court was required to determine the procedural path forward for the applications before it. Specifically, it needed to decide how to deal with the father's application filed in January, whether to consolidate the oral application for a change of residence with other proceedings, and the requirements for future filings and service of documents.

Cronin J ordered that the father's application filed on 24 January 2019 be struck out. The oral application for a change of residence was adjourned and consolidated with the father's application in the Senior Registrar’s list for 26 March 2019. The father was directed to file an amended application precisely detailing the orders sought by 1 March 2019, with leave to file further affidavits by the same date. The mother was to file any response and supporting affidavits by 13 March 2019. All documents filed by the father were to be served immediately upon the mother's solicitors and the Independent Children’s Lawyer.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Jurisdiction

Actions
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