Pollock and Breen-Pollock (No. 2)
Case
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[2014] FamCA 497
•30 June 2014
Details
AGLC
Case
Decision Date
Pollock and Breen-Pollock (No. 2) [2014] FamCA 497
[2014] FamCA 497
30 June 2014
CaseChat Overview and Summary
In the matter of *Pollock and Breen-Pollock (No. 2)*, Hannam J of the Family Court of Australia considered procedural directions in a family law proceeding. The dispute involved the parties' applications and responses, the filing of evidence, and the use of documents and subpoenas in preparation for an expedited trial.
The court was required to determine the appropriate timetable and conditions for the parties to file and serve their amended applications, responses, and affidavits of evidence. It also needed to set deadlines for the issuance and return of subpoenas, and to establish rules regarding the reliance on documents filed in the proceedings. Furthermore, the court addressed the role of the Independent Children’s Lawyer in managing trial preparation.
Hannam J ordered that the matter be listed for an expedited hearing of five days commencing on 15 September 2014. Both parties were directed to file and serve any amended applications and responses no later than twenty-one days before the trial. Similarly, consolidated affidavits of evidence in chief and witness affidavits, compliant with Rule 15.12 of the *Family Law Rules 2004* (Cth), were to be filed and served by the same deadline. The court stipulated that neither party could rely on documents filed outside these orders without leave. Parties were permitted to issue subpoenas, which were to be made returnable no later than twenty-eight days before the trial and inspected prior to the hearing. The Independent Children’s Lawyer was granted liberty to relist the proceedings for mention before a Registrar if issues arose concerning trial preparation.
The court was required to determine the appropriate timetable and conditions for the parties to file and serve their amended applications, responses, and affidavits of evidence. It also needed to set deadlines for the issuance and return of subpoenas, and to establish rules regarding the reliance on documents filed in the proceedings. Furthermore, the court addressed the role of the Independent Children’s Lawyer in managing trial preparation.
Hannam J ordered that the matter be listed for an expedited hearing of five days commencing on 15 September 2014. Both parties were directed to file and serve any amended applications and responses no later than twenty-one days before the trial. Similarly, consolidated affidavits of evidence in chief and witness affidavits, compliant with Rule 15.12 of the *Family Law Rules 2004* (Cth), were to be filed and served by the same deadline. The court stipulated that neither party could rely on documents filed outside these orders without leave. Parties were permitted to issue subpoenas, which were to be made returnable no later than twenty-eight days before the trial and inspected prior to the hearing. The Independent Children’s Lawyer was granted liberty to relist the proceedings for mention before a Registrar if issues arose concerning trial preparation.
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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Procedural Fairness
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Remedies
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