Philips & Erling
Case
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[2021] FamCA 640
•13 August 2021
Details
AGLC
Case
Decision Date
Philips & Erling [2021] FamCA 640
[2021] FamCA 640
13 August 2021
CaseChat Overview and Summary
In the matter of *Philips & Erling*, Hogan J of the Family Court of Australia considered interim parenting orders and the scheduling of an expedited trial. The dispute concerned parenting arrangements for a child, X.
The court was required to determine the procedural steps necessary to advance the matter towards a final hearing, including the appointment of an Independent Children's Lawyer and the exchange of documents.
Hogan J ordered that the Child Inclusive Conference Memorandum be admitted as an exhibit. The final hearing was scheduled for two days commencing on 13 October 2021, with all parties required to attend in person. A directions hearing was also scheduled for 20 August 2021 to make trial directions, with legal representatives permitted to appear by telephone. The parties were granted leave to rely on previously filed affidavit material. Crucially, pursuant to section 68L(2) of the relevant Act, an Independent Children's Lawyer was to be appointed for the child X, with Legal Aid Queensland requested to make arrangements with significant priority. Upon appointment, the Independent Children's Lawyer was to file a Notice of Address for Service and, within 48 hours of notification, receive all documents relied upon by the parties. The Independent Children's Lawyer was also granted leave to inspect and copy any material subpoenaed by the parties and released by the Court.
The court was required to determine the procedural steps necessary to advance the matter towards a final hearing, including the appointment of an Independent Children's Lawyer and the exchange of documents.
Hogan J ordered that the Child Inclusive Conference Memorandum be admitted as an exhibit. The final hearing was scheduled for two days commencing on 13 October 2021, with all parties required to attend in person. A directions hearing was also scheduled for 20 August 2021 to make trial directions, with legal representatives permitted to appear by telephone. The parties were granted leave to rely on previously filed affidavit material. Crucially, pursuant to section 68L(2) of the relevant Act, an Independent Children's Lawyer was to be appointed for the child X, with Legal Aid Queensland requested to make arrangements with significant priority. Upon appointment, the Independent Children's Lawyer was to file a Notice of Address for Service and, within 48 hours of notification, receive all documents relied upon by the parties. The Independent Children's Lawyer was also granted leave to inspect and copy any material subpoenaed by the parties and released by the Court.
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
Actions
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Citations
Philips & Erling [2021] FamCA 640
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Banks & Banks
[2015] FamCAFC 36
Goode & Goode
[2006] FamCA 1346