Riaz and Alim
Case
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[2019] FamCA 1039
•16 December 2019
Details
AGLC
Case
Decision Date
Riaz and Alim [2019] FamCA 1039
[2019] FamCA 1039
16 December 2019
CaseChat Overview and Summary
The proceedings involved parties identified as Riaz and Alim, with the dispute concerning final orders to be determined by Johns J. The court issued a series of directions aimed at preparing the matter for a final hearing.
The primary legal issues before the court were the procedural steps required for the final hearing, including the filing of amended applications and responses, the provision of evidence in chief by affidavit, and the conduct of cross-examination. A significant aspect of the determination involved the application of section 102NA(2) of the *Family Law Act 1975*, which dictates specific requirements for cross-examination in certain proceedings.
Johns J directed that all applications for final orders be adjourned for hearing before Justice Wilson on 2 March 2020. The court mandated that evidence in chief be given by affidavit, with specific deadlines set for the applicant and respondent to file amended applications, responses, and their respective affidavits. Crucially, the court noted that section 102NA(2) of the *Family Law Act 1975* would apply to any cross-examination occurring on or after 10 September 2019. This section prohibits parties from personally cross-examining each other, requiring legal practitioners to conduct such cross-examination. The court also advised the parties of the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme for legal representation. Further directions were given regarding the filing of reply affidavits, Independent Children's Lawyer material, and the electronic filing of submissions and summaries of argument. The court also ordered that parties provide a statement of costs incurred and expected.
The primary legal issues before the court were the procedural steps required for the final hearing, including the filing of amended applications and responses, the provision of evidence in chief by affidavit, and the conduct of cross-examination. A significant aspect of the determination involved the application of section 102NA(2) of the *Family Law Act 1975*, which dictates specific requirements for cross-examination in certain proceedings.
Johns J directed that all applications for final orders be adjourned for hearing before Justice Wilson on 2 March 2020. The court mandated that evidence in chief be given by affidavit, with specific deadlines set for the applicant and respondent to file amended applications, responses, and their respective affidavits. Crucially, the court noted that section 102NA(2) of the *Family Law Act 1975* would apply to any cross-examination occurring on or after 10 September 2019. This section prohibits parties from personally cross-examining each other, requiring legal practitioners to conduct such cross-examination. The court also advised the parties of the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme for legal representation. Further directions were given regarding the filing of reply affidavits, Independent Children's Lawyer material, and the electronic filing of submissions and summaries of argument. The court also ordered that parties provide a statement of costs incurred and expected.
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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Costs
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Procedural Fairness
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Discovery
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Appeal
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Citations
Riaz and Alim [2019] FamCA 1039
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