Saltlake and Yadegari and Ors

Case

[2010] FamCA 1235

2 November 2010


Details
AGLC Case Decision Date
Saltlake and Yadegari and Ors [2010] FamCA 1235 [2010] FamCA 1235 2 November 2010

CaseChat Overview and Summary

This matter concerned an application before Faulks DCJ in the District Court. The proceedings involved a dispute between Mr and Mrs Saltlake Senior and Ms Yadegari regarding the time the child, M, would spend with her mother.

The court was required to determine the terms of contact between M and her mother, Ms Yadegari, and to consider an application for the appointment of an independent expert to prepare a further family report. Additionally, the court needed to set a timetable for the filing of further affidavits, schedule the final hearing, and address the Independent Children’s Lawyer's request for leave to issue subpoenas for various records pertaining to Ms Yadegari and her mother.

Faulks DCJ ordered that M would spend two hours per month with her mother, Ms Yadegari, with the specific times to be agreed between the parties. In the absence of agreement, contact would occur on the first Saturday of the month, or at a time arranged by the Interrelate Centre if that was unavailable. The court directed the Independent Children’s Lawyer to liaise with Interrelate to facilitate this arrangement. The application for an independent expert was refused. The court also set a deadline for the filing of further affidavits, scheduled the final hearing for February 2011, and appointed a date for a review hearing. Leave was granted for the Independent Children’s Lawyer to issue subpoenas to several entities for relevant records.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Marvel & Marvel [2010] FamCAFC 101