O’Kiefe and Ewing
Case
•
[2013] FamCA 617
•23 August 2013
Details
AGLC
Case
Decision Date
O’Kiefe and Ewing [2013] FamCA 617
[2013] FamCA 617
23 August 2013
CaseChat Overview and Summary
The proceedings involved an application filed on 30 April 2013, brought before Hogan J of the Family Court of Australia. The specific nature of the dispute between the parties, identified as O’Kiefe and Ewing, is not detailed in the provided text, beyond the fact that an application was made and subsequently dismissed.
The court was required to determine the outcome of the application filed on 30 April 2013. Additionally, the court addressed the potential for an application for costs by the Independent Children’s Lawyer, and set a timetable for submissions regarding such an application. The court also established procedural directions for the final hearing of the matter, including deadlines for filing affidavit material, minutes of orders, lists of applications and affidavits, chronologies, and summaries of argument.
Hogan J dismissed the application filed on 30 April 2013. The court then issued a series of orders to manage the progression of the case towards a final hearing. These orders included provisions for the filing and service of submissions concerning costs, the setting of the final hearing date, payment of hearing fees, and strict timelines for the exchange of affidavit material and other documents. The court also made directions regarding the cross-examination of a Family Consultant via video link and scheduled a further mention to ensure compliance with the orders. The court also stipulated consequences for non-compliance with the filing and service of affidavit material, which could result in a party being limited to cross-examination or the matter proceeding as an undefended hearing.
The court was required to determine the outcome of the application filed on 30 April 2013. Additionally, the court addressed the potential for an application for costs by the Independent Children’s Lawyer, and set a timetable for submissions regarding such an application. The court also established procedural directions for the final hearing of the matter, including deadlines for filing affidavit material, minutes of orders, lists of applications and affidavits, chronologies, and summaries of argument.
Hogan J dismissed the application filed on 30 April 2013. The court then issued a series of orders to manage the progression of the case towards a final hearing. These orders included provisions for the filing and service of submissions concerning costs, the setting of the final hearing date, payment of hearing fees, and strict timelines for the exchange of affidavit material and other documents. The court also made directions regarding the cross-examination of a Family Consultant via video link and scheduled a further mention to ensure compliance with the orders. The court also stipulated consequences for non-compliance with the filing and service of affidavit material, which could result in a party being limited to cross-examination or the matter proceeding as an undefended hearing.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Procedural Fairness
-
Discovery
-
Jurisdiction
-
Appeal
Actions
Download as PDF
Download as Word Document
Citations
O’Kiefe and Ewing [2013] FamCA 617
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Central Authority & Wageman and Anor
[2012] FamCAFC 176
Connellan v Murphy
[2017] VSCA 116
Connellan v Murphy
[2017] VSCA 116