Russell and Withers and Anor

Case

[2020] FamCA 336

7 May 2020


Details
AGLC Case Decision Date
Russell and Withers and Anor [2020] FamCA 336 [2020] FamCA 336 7 May 2020

CaseChat Overview and Summary

In the Supreme Court of Victoria, Gill J considered a dispute between the Mother and the Grandmother concerning proceedings related to the principles established in *Rice v Asplund* and interim orders sought. The court was tasked with determining which issues arising from the parties' respective lists were to be the subject of full investigation and hearing, and which were to be disposed of summarily.

The court was required to delineate the scope of the upcoming proceedings, distinguishing between those matters that warranted a comprehensive examination and those that could be resolved on a more limited basis. This involved a detailed consideration of the specific points raised in both the Mother's and the Grandmother's lists of issues.

Gill J ordered that certain paragraphs from the Mother's list, specifically [1–18], [22–30], [32–33], [35–37], [41], [43–44], and [46–47], along with points 8–11 and 13–16 from the Grandmother's list, were to be the subject of full investigation and hearing. Conversely, other points from the Mother's list, namely [19–21], [31], [34], [38–40], [42], [45], and [48–52], and from the Grandmother's list, points 1–3, 5–7, 12, and 17–18, were to be subject to summary disposition. The final form of these orders was subject to their entry in the Court's records.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Summary Judgment

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1