Roberts and Thomas
Case
•
[2011] FamCA 5
•6 JANUARY 2011
Details
AGLC
Case
Decision Date
Roberts and Thomas [2011] FamCA 5
[2011] FamCA 5
6 JANUARY 2011
CaseChat Overview and Summary
The parties in this matter were the father and the mother, with Ms A Roberts identified as a supervisor of the father's time with the children. The dispute concerned the commencement date for the father's supervised time with the children and the scheduling of the trial of the proceedings. The decision was made by a court, as indicated by the reference to "Minutes of Order tendered to the Court this day" and the court's ordering of specific dates.
The primary legal issue before the court was to determine the commencement date for the father's supervised time with the children, as this aspect of the proposed orders was not by consent. A secondary issue was the scheduling of the trial of the proceedings and the timeline for the filing and service of evidence.
The court resolved the dispute by making orders that were largely by consent, save for the contested commencement date. The court ordered that the father's supervised time with the children was to commence on Sunday, 16 January 2011. Furthermore, the court scheduled the trial of the proceedings for the Magellan Special Sittings during the fortnight commencing Monday, 7 March 2011, and directed that the parties file and serve their Rule 15 Affidavits of evidence by 4.00 pm on Friday, 18 February 2011.
The primary legal issue before the court was to determine the commencement date for the father's supervised time with the children, as this aspect of the proposed orders was not by consent. A secondary issue was the scheduling of the trial of the proceedings and the timeline for the filing and service of evidence.
The court resolved the dispute by making orders that were largely by consent, save for the contested commencement date. The court ordered that the father's supervised time with the children was to commence on Sunday, 16 January 2011. Furthermore, the court scheduled the trial of the proceedings for the Magellan Special Sittings during the fortnight commencing Monday, 7 March 2011, and directed that the parties file and serve their Rule 15 Affidavits of evidence by 4.00 pm on Friday, 18 February 2011.
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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Consent
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Appeal
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Procedural Fairness
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Citations
Roberts and Thomas [2011] FamCA 5
Cases Citing This Decision
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Statutory Material Cited
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