RYAN & FRASER
Case
•
[2014] FamCA 763
•8 September 2014
Details
AGLC
Case
Decision Date
RYAN & FRASER [2014] FamCA 763
[2014] FamCA 763
8 September 2014
CaseChat Overview and Summary
In proceedings before Kent J, the applicant sought various orders, including the preparation of a Family Report and interim parenting orders. The respondent had applied for summary dismissal of the applicant's initiating application.
The court was required to determine whether to dismiss the respondent's application for summary dismissal, and if not, to make directions regarding the preparation of a Family Report and the adjournment of applications for interim parenting orders.
Kent J dismissed the respondent's application for summary dismissal. The court ordered that the respondent provide the applicant with the names of three Family Consultants within seven days, after which the applicant would nominate one to prepare a Family Report. The respondent was to engage the nominated consultant forthwith. The costs of the Family Report were to be borne by the respondent in the first instance, with the question of costs reserved. The respondent was granted leave to provide filed documentation to the consultant, and both parties were ordered to ensure the child attended all necessary appointments for the report. The application for interim parenting orders was adjourned before the Registrar for a fresh hearing date to be fixed after receipt of the Family Report. Each party was to bear their own costs of the hearing.
The court was required to determine whether to dismiss the respondent's application for summary dismissal, and if not, to make directions regarding the preparation of a Family Report and the adjournment of applications for interim parenting orders.
Kent J dismissed the respondent's application for summary dismissal. The court ordered that the respondent provide the applicant with the names of three Family Consultants within seven days, after which the applicant would nominate one to prepare a Family Report. The respondent was to engage the nominated consultant forthwith. The costs of the Family Report were to be borne by the respondent in the first instance, with the question of costs reserved. The respondent was granted leave to provide filed documentation to the consultant, and both parties were ordered to ensure the child attended all necessary appointments for the report. The application for interim parenting orders was adjourned before the Registrar for a fresh hearing date to be fixed after receipt of the Family Report. Each party was to bear their own costs of the hearing.
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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Summary Judgment
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
RYAN & FRASER [2014] FamCA 763
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Groth & Banks
[2013] FamCA 430
Friar & Friar
[2011] FamCAFC 71