Prentice and Maheris (No 5)

Case

[2009] FamCA 1136

19 NOVEMBER 2009


Details
AGLC Case Decision Date
Prentice and Maheris (No 5) [2009] FamCA 1136 [2009] FamCA 1136 19 NOVEMBER 2009

CaseChat Overview and Summary

This matter came before Young J concerning disputes between the parties, Prentice and Maheris. The proceedings involved both child and parenting issues, as well as property and financial matters.

The court was required to determine the procedural arrangements for the hearing of these matters, including the splitting of issues for determination, the filing of documents, and the provision of evidence. Specific issues included the timing of the hearing for child and parenting matters, the filing of objections to affidavits, the responsibility for costs associated with expert conferences, and the adjournment of property and financial issues. The court also needed to address arrangements for obtaining reports and evidence concerning land in Greece and the role of a single expert financial witness.

Young J ordered that child, parenting, and related issues would be heard separately from property and financial issues, commencing on 30 November 2009. Leave was granted for the husband to file objections to the wife's and her witness's affidavits. The husband was ordered to bear the costs of a further conference with Dr L and any resulting report. Time was extended for the filing of various court documents. Preliminary arrangements were to be made for the evidence of Dr D and Dr L. Parties were restricted from relying on affidavits filed in earlier interim proceedings unless leave was granted. Property and financial issues were adjourned for a final hearing commencing on 15 March 2010. The husband was directed to facilitate a report on land in Greece and provide it to the wife's solicitor and the Court. The husband was also ordered to provide further documentation to the single expert financial witness, Mr M, and arrange a conference if requested. The costs of Mr M's further work were to be determined at a later hearing.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

  • Expert Evidence

  • Jurisdiction

  • Remedies

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