Schach and Birrell (No. 3)
Case
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[2009] FamCA 348
•18 February 2009
Details
AGLC
Case
Decision Date
Schach and Birrell (No. 3) [2009] FamCA 348
[2009] FamCA 348
18 February 2009
CaseChat Overview and Summary
In *Schach and Birrell (No. 3)*, Strickland J of the Family Court of Australia considered an application by the father concerning parenting orders and an application alleging contravention. The father sought an adjournment of certain aspects of his own application, while the mother sought leave to participate in a future hearing by telephone.
The primary legal issues before the court were whether to grant the father's oral application to adjourn paragraph 4 of his application filed on 3 December 2008, and whether to dismiss that application entirely. The court also had to determine the future of an application alleging contravention filed on the same date, and whether to permit the mother to attend a subsequent hearing remotely.
Strickland J dismissed the father's application to adjourn paragraph 4 of his own application, and consequently dismissed the application in its entirety. The court ordered that an annexure to the father's affidavit be removed and returned to him. Further consideration of the application alleging contravention was adjourned to a later date, with leave granted for the mother to attend that hearing by telephone.
The primary legal issues before the court were whether to grant the father's oral application to adjourn paragraph 4 of his application filed on 3 December 2008, and whether to dismiss that application entirely. The court also had to determine the future of an application alleging contravention filed on the same date, and whether to permit the mother to attend a subsequent hearing remotely.
Strickland J dismissed the father's application to adjourn paragraph 4 of his own application, and consequently dismissed the application in its entirety. The court ordered that an annexure to the father's affidavit be removed and returned to him. Further consideration of the application alleging contravention was adjourned to a later date, with leave granted for the mother to attend that hearing by telephone.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Jurisdiction
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Procedural Fairness
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