Roberts and Mansfield

Case

[2009] FamCA 1075

27 October 2009


Details
AGLC Case Decision Date
Roberts and Mansfield [2009] FamCA 1075 [2009] FamCA 1075 27 October 2009

CaseChat Overview and Summary

In *Roberts and Mansfield*, heard before Dawe J, the proceedings concerned a child born in December 2006. The husband had initiated proceedings in relation to the child, while the mother sought leave to file an affidavit that had been backdated to 26 October 2009.

The court was required to determine whether to grant the mother leave to file her affidavit retrospectively and to decide the husband's proceedings concerning the child.

Dawe J granted the mother leave to file her affidavit backdated to 26 October 2009. The husband's proceedings in relation to the child were dismissed, and the matter was referred for an undefended hearing to determine the final orders concerning the child's best interests. The court indicated that submissions from the wife's counsel and the Independent Children's Lawyer's counsel would be heard at that time.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

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