Preiss and Preiss (No. 2)

Case

[2018] FamCA 805

21 September 2018


Details
AGLC Case Decision Date
Preiss and Preiss (No. 2) [2018] FamCA 805 [2018] FamCA 805 21 September 2018

CaseChat Overview and Summary

In *Preiss and Preiss (No. 2)*, Cronin J considered applications made by the husband and wife in family law proceedings. The wife indicated an intention to bring an application for summary dismissal of the proceedings.

The court was required to determine various interlocutory and interim issues, including the filing and service of amended applications and responses, the registration of parties with a contact centre for supervised time with a child, and the provision of information to relevant government authorities. The wife also sought leave to issue subpoenas for documents from a Mr Kelly and the husband's banking organisations, and for the husband to provide specific documents to the wife's solicitors.

Cronin J adjourned outstanding applications for the determination of interlocutory and interim issues. The husband was ordered to file and serve any amended application and supporting affidavit by a specified date, with the wife to file and serve any response thereafter. Both parties were directed to take immediate steps to register with a contact centre for supervised time with the child, with such supervision not commencing before the adjourned hearing date. The wife's solicitors were ordered to send copies of the wife's proposed orders concerning the child to the Department of Health and Human Services and Victorian Police, requesting their views and potential intervention. Leave was granted to the wife to issue subpoenas for records from Mr Kelly and the husband's banking organisations. The husband was also ordered to provide specific documents to the wife's solicitors within 14 days. The husband was ordered to pay the wife's costs thrown away on that day.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

  • Summary Judgment

  • Stay of Proceedings

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Preiss and Preiss (No. 3) [2018] FamCA 945
Cases Cited

0

Statutory Material Cited

1